Full Judgment
Cr.R.No.502/2013 1.4.2013 Shri R.S.Parihar, counsel for the applicant.
Shri Prakash Gupta, Panel Lawyer for the respondent/State.
Heard on admission.
The applicant has preferred the present revision against the order dated 18.1.2013 passed by the Sessions Judge, Katni whereby an application of the prosecutrix under Section 311 of the Cr.P.C was accepted and she was called again for her statements.
After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, it appears that the prosecutrix has submitted an affidavit in support of her application that the applicant gave her an assurance that he will maintain the prosecutrix and her children and therefore, under his assurance she gave favorable statement in the case of rape.
However, after her examination the applicant ousted her children and therefore, she prayed to give the statement again.
Under such circumstances, the prosecutrix is to be permitted to give her actual statement and therefore, if the application under Section 311 of Cr.P.C filed by the prosecutrix is allowed then no illegality or perversity has been done by the learned Sessions Judge, Katni.
There is no basis by which the present revision can be accepted.
Consequently, the present revision filed by the applicant is hereby dismissed by confirming the order dated 18.1.2013 passed by the learned Sessions Judge, Katni in ST No.78/2012.
Copy of the order be sent to the trial Court for information.
(N.K.Gupta) Judge bina