Dismissed
Gajo Ram Mahto v. the State of Jharkhand
Jharkhand HCCr.Rev./77/2020
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from the order text
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HIGH COURT OF JHARKHAND AT RANCHI Cr.…
What the court decided
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HIGH COURT OF JHARKHAND AT RANCHI Cr.…
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 77 of 2020
....
Gajo Ram Mahto .… Petitioner Versus
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Indrajit Sinha, Adv. For the State : Ms. Priya Shrestha, APP
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
04/17.08.2021 The instant application has been filed against the order dated 16.01.2020 passed by the learned Special Judge, POCSO, Dhanbad in Special (P) Case No.60 of 2019 arising out of Hariharpur P.S. Case No.27 of 2019, whereby the petition filed under section 311 of the Cr.P.C. has been rejected in M.C.A. No.1903 of 2019 for recall of witness of the victim (P.W.-1) for further cross-examination and the same is presently pending in the court of learned Special Judge, POCSO, Dhanbad.
A petition under Section 311 of the Cr.P.C. has been filed for recall of the witness for further cross-examination. The offence is under Sections 376(3) and 506 of the IPC and Section 6 of the POCSO Act. The ground has been taken that the matter has been compromised and to bring the same compromise on record, the accused wants to further cross examination of the victim.
The very prayer and reason is not sustainable in the law. Accordingly, the present revision application stands dismissed.
(Rajesh Kumar, J.)
Shahid/
1 issue framed by the court
Whether a petition under Section 311 of the Cr.P.C. for recall of a victim witness for further cross-examination based on a compromised matter is sustainable in law.
1 provisions across 1 enactments
Gajo Ram Mahto
The State of Jharkhand
Aarti Kumari
Rajesh Kumar
As recorded by the court registry
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