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Judgment
Sunita Yadav, J
Present petition under Section 482 of CrPC has been filed assailing the order dated 15.10.2022 passed by Special Judge, POCSO Act, Morena in S.C. No. 53 of 2019, by which the application filed by the petitioner under Section 311 of CrPC has been rejected.
The case in brief is that upon the report lodged before Police Station City Kotwali, District Morena, a case under Section 363 of IPC has been registered against the petitioner - accused. During trial, the prosecution as well as the defence completed its evidence and the case was fixed for final arguments. At that stage, the petitioner - accused filed an application under Section 311 of CrPC for re-cross-examination of the prosecutrix in respect to marriage agreement (Exhibit - D/5), which was dismissed by the trial Court by order impugned.
Learned counsel for the petitioner argued that the impugned order is perverse and against the settled principle of law. Re-cross-examination of the prosecutrix is necessary to defend the case of the petitioner, therefore, the impugned order be quashed and the petitioner be permitted to cross-examine the prosecutrix again in respect to marriage agreement (Exhibit D-5).
On the other hand, learned counsel for the State submitted that the trial Court has rightly passed the impugned order and no interference is warranted in the same.
Heard learned counsel for the rival parties and perused the available record.
The perusal of record reveals that the marriage agreement was allegedly executed on 12.4.2019 i.e. before filing of charge-sheet, however, the counsel for the petitioner had ample opportunity to cross-examine the prosecutrix on this point. The petitioner has not assigned any reason as to why the prosecutrix was not cross-examined on this point earlier. Therefore, in the opinion of this Court, there is no illegality or jurisdictional error in the order impugned warranting interference by exercising power under Section 482 of CrPC.
Consequently, present MCRC sans merit and is hereby dismissed.