Shankar Son Of Jamna Lal vs State Of Rajasthan
2021 Latest Caselaw 5949 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S.B. Criminal Miscellaneous (Petition) No. 6180/2021

1.       Shankar Son Of Jamna Lal, Resident Of Balita Colony,
         Patthar Mandi, Kota (Raj).
2.       Karam Singh Son Of Shri Sundar Singh, Resident Of
         Gokul Nagar Kachhi Basti, Bharatpur (Raj).
                                                                       ----Petitioners
                                         Versus
State Of Rajasthan, Through P.p.
                                                                      ----Respondent

For Petitioner(s) : Mr. Raj Kumar Kasana For Respondent(s) : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

26/10/2021

1. Petitioners have preferred this Misc. Petition under Section

482 Cr.P.C. against the order dated 06.09.2021 passed by Special

Judge, Protection of Child From Sexual Offences Act and

Commission for Protection of Child Right Act, No. 04 Kota in Case

C.I.S. No. 447/2018 for offence under Section 376, 363 & 366 of

IPC and POCSO Act, whereby the application filed by the petitioner

for call the prosecutrix and her mother in capacity of witness and

recording their statement.

2. It is contended by counsel for the petitioners that petitioner-

Shankar has married the prosecutrix and from the marriage, they

have one issue and prosecutrix is pregnant again. It is also

contended that prosecutrix wants to appear before the Court and

give statement to this effect. It is further contended that both the

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petitioner and prosecutrix are of around similar age at the time of

alleged incident. Now they have married.

3. Counsel for the petitioners is directed to implead the victim

as respondent in this case.

4. On filing of the application and amended cause title, notices

be issued to the victim.

5. In the meantime, trial Court is directed not to proceed

further with the case.

6. List after service.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /90

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