Mr. R.G.Chakraborty vs Mr. S.Debnath
2021 Latest Caselaw 879 Tri

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                    HIGH COURT OF TRIPURA
                          AGARTALA
                                IA 01 of 2020
                         In Crl.App.(J)No.19 of 2019


For the Petitioner(s)        : Mr. R.G.Chakraborty, Adv.

For the Respondent(s)        : Mr. S.Debnath , Addl. PP


                                 BEFORE

            HON'BLE MR. JUSTICE S.G.CHATTOPADHYAY

                                 ORDER

09.09.2021

By means of filing this application under Section 391 read

with Section 482 Cr.P.C, learned Addl.PP wants the court to permit the

prosecution to adduce additional evidence in this case.

According to Mr.S.Debnath, learned Addl.PP, Dr.Dilip

Das, District Medical Officer, Kailshahar who examined the victim

during the investigation of the case was not examined by the trial court.

Counsel therefore, urges the court to either direct the trial court to

record the evidence of the Medical Officer or issue summons to the

medical officer to appear before the High Court for recording his

evidence.

It is contended by Mr.Debnath, learned Addl.PP that

evidence of the medical officer is absolutely necessary for a just

decision of this case.

Mr.R.G.Chakraborty, learned counsel appearing for the

appellant on the other hand submits that the appellant has challenged

the judgment and order of his conviction and sentence whereunder he

was sentenced to imprisonment for 8 years for having committed

offence punishable under Section 4, POCSO Act.

According to Mr.Chakraborty, learned counsel of the

appellant, petition for adducing fresh evidence, if allowed, will amount

to retrial of the case which is not permissible at this stage. Learned

counsel submits that in no circumstance the prosecution can, at this

stage, be allowed to fill in the lacunae. Counsel therefore, urges for

dismissing their petition and hearing the appeal on merit.

List the matter on 15.09.2021 for order/ hearing of the

appeal.

JUDGE

Saikat Sarma, P.A