By means of this application, the Petitioner seeks indulgence of
this Court praying to set aside the order dated 22.07.2022 passed by the
learned ADJ-cum-Special Court under POCSO Act, Cuttack in Special
G.R. Case No.49 of 2021.
2. The background facts of the case are that, the Petitioner, being
an accused in Spl. G.R. Case No. 49 of 2021, is facing trial for the
offences under Sections 294, 506, 354-A, 450, 354-D(2), 509, 378(3)
and 511 of the Indian Penal Code read with Sections 4, 8 and 18 of the
Protection of Children from Sexual Offences (POCSO) Act. The
Petitioner filed an application before the learned Trial Court under
Section 311 Cr.P.C., praying for the recall of P.W.2, the victim, for
further cross-examination based on a set of six proposed questions. The
learned Special Court while allowing the prayer of the Petitioner in part
thereby enabling the Petitioner to cross-examine P.W.2 in respect of
two questions out of the six questions proposed to be put to the witness,
declined to grant permission to the Petitioner to put the rest four
questions on the ground that those have already been put to the witness
and she has answered those questions. Challenging the partial rejection
of his application dated 22.07.2022 under Section 311 Cr.P.C., the
Petitioner filed the present Criminal Miscellaneous Case under Section
482 Cr.P.C. before this Court, seeking to set aside the said order and to
recall P.W.2 for further cross-examination on all six questions in the
interest of justice.
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