Sohan Kumar Meher @ Sonu vs State Of Chhattisgarh
2021 Latest Caselaw 3080 Chatt

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        HIGH COURT OF CHHATTISGARH, BILASPUR
                             Order Sheet
                     CRMP No. 1187 of 2021
   Sohan Kumar Meher @ Sonu Versus State Of Chhattisgarh




10/11/2021

Shri Vaibhav Goverdhan, counsel for the petitioner.

Shri Gurudev I. Sharan, Govt. Advocate for the State. Learned counsel for the petitioner submits that the petitioner has moved an application under Section 311 of Cr.P.C. for recalling of the witnesses examined by the prosecution i.e. Devendra Kumar Sharma (PW1) and prosecutrix (PW2) to cross-examine them by putting question with respect to age of the prosecutrix. The counsel who cross-examined the witnesses have not put questions with respect to age of the prosecutrix in a proper manner even though some questions were asked to the witnesses. He submits that proper and fair opportunity is to be provided to the accused person to defend the charges levelled against him. In support of his contentions, learned counsel for the petitioner places reliance upon the judgment of the Hon'ble Supreme Court in the case of Natasha Singh Vs. CBI (State) reported in 2013 AIR SCW 3554 and Manju Devi Vs. State of Rajasthan and Anr. reported in AIR 2019 SC 1976.

Learned counsel for the State opposes the submission made by learned counsel for the petitioner and submits that powers vested to the trial Court under Section 311 of Cr.P.C. is discretionary in nature, which is to be exercised taking into consideration facts of each case. He submits that the trial Court

has assigned reasons for rejecting the application filed under Section 311 of Cr.P.C. The trial Court has specifically mentioned in the order that the counsel for the parties have put specific question to Devendra Kumar Sharma (PW1) and prosecutrix (PW2) both with respect to age of the prosecutrix. Hence the learned trial Court is well justified in rejecting the application. However, he submits that a short time may be given to him to make further submissions on the grounds raised in this petition.

As submitted by learned counsel for the State, list this case on 23 rd November 2021.

Sd/-

(Parth Prateem Sahu) Judge

Praveen