Rahim Ali @ Rohim Ali v. The State of Assam and Anr

ORDER Date : 30.09.2024 Heard Mr. M.U. Mahmud, learned counsel appearing for the petitioner and Ms. S. H. Bora, learned Additional Public Prosecutor for the state of Assam.

¶2This is an application under Section 438/442 of the BNSS, 2023 challenging the order dated 31.08.2024 passed by the learned Special Judge, POCSO, Kokrajhar in Special POCSO Case No. 38/2022.

¶3The petitioner is facing trial before the learned Special Judge, POCSO, Kokrajhar. Some witnesses were examined and discharged after cross-examination. Thereafter, a new lawyer was appointed by the petitioner. The new lawyer found that the earlier lawyer did not ask some questions to PW-1 and PW-2 at the time of their cross-examination. Therefore, the petitioner filed an application before the learned trial court under Sections 137/138 of the Indian Evidence Act, 1872 praying for permission to recall the witnesses for further cross-examination.

¶4The learned trial court refused the prayer of the petitioner on that ground that the petitioner was trying to fill up some lacunas.

¶5I have considered the submissions made by the learned counsels of both sides.

¶6The duty of the learned trial court is to administer justice. There is specific provision in the law recalling witnesses, who were earlier examined and discharged.

¶7This Court is of the opinion that the view of the trial court is erroneous.

¶8Therefore, the impugned order dated 31.08.2024 passed by the learned Special Judge, POCSO, Kokrajhar in Special POCSO Case No. 38/2022 is set aside.

¶9The trial court is directed to recall PW-1 and PW-2 only for cross-examination Page No.# 3/3 by the petitioner. After that, the Court shall proceed to dispose of the case in accordance with the procedures as laid down by law.

¶10With the aforesaid direction, the revision petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010194072024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Rev.P./393/2024o RAHIMoALIo@oROHIMoALIo S/OoBABURoALIo R/OoALURBHUIo(BOROGHOLA)o P.S.oSALKOCHAo P.O.oSILGARAo DIST.oDHUBRI,oASSAMo PINoCODE-o783348 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPP,oASSAM 2:JWANGSARoBASUMATARY oS/OoTHANESWARoBASUMATARYo VILL-oCHAKRASILAoPART-II P.O.oSILGARAo P.S.KOKRAJHAR oDIST.KOKRAJHAR oASSAMo PIN-78337o AdvocateoforotheoPetitionerooooo:oMR.oMoUoMAHMUD,oMRS.oMoSAIKIA,MRoSoISLAM,MRoSoHo MAHMUDo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA