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Judgment
N. Ananda
The application filed by the first informant to come on record is accepted. The first informant is arrayed as second respondent. With the consent of learned Counsel for parties, the matters are taken up for final disposal.
The petitioners, to these petitions are arrayed as accused in terms of the order made u/s 319 Cr.P.C. in S.C. No. 6/2010 pending trial for offences punishable under Sections 366-A, 344, 376, 109 r/w. 34 IPC on the file of the V Fast Tract Court, Madhugiri.
Heard Sri C.H. Jadhav, learned Counsel appearing for petitioners, learned Government Pleader for the State and Sri Clifton D''Rozario, learned Counsel appearing for the first informant. I have gone through the impugned order.
The learned Sessions Judge has reinstated the provisions of Section 319 Cr.P.C. and to ensure the powers vested in the Court u/s 319 Cr.P.C. In the reasoning part of the orders, the learned trial Judge has stated that PWs. 1 to 3 haws deposed in examination-in-chief but cross examination of PWs. 1 to 3 has been reserved; PW-3 (victim, eged about 15 years) is competent to give evidence; she has mentioned the names of several accused persons in her evidence;on the basis of her evidence, father of first informant has given list of additional accused persons; therefore, there is prima facie case against accused, who are mentioned in the list furnished by the father of PW-3.
In my considered opinion, the approach of the learned Session Judge is erroneous. The learned Sessions Judge should not have accepted the list of proposed accused furnished by the father of first informant (PW-3). The learned Session judge should have applied his mind to the evidence of PWs. 1 to 3, bearing in mind the provisions of Section 319 Cr.P.C. before proceeding against the petitioners u/s 319 Cr.P.C. Therefore, the impugned order cannot be sustained. In the result, petitions are accepted. The impugned order is set aside. However, the persecution is at liberty to pursue the application, if it so desires. In such an event, the learned Session Judge shall consider the application in accordance with law.