Randhir Govid Arewar v. The State Of Maharashtra

spb/ 904apl32-15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 32 OF 2015 Shri Randhir Govind Arewar ... Applicant.

V/s.

The State of Maharashtra ... Respondent.

--- Mr. S. A. Tarale, Advocate for the Applicant. Mrs. A. A. Mane, APP for the State.

--- CORAM : M.L.TAHALIYANI,J.

DATE : 09th APRIL, 2015 P.C. :

Admit. By consent, heard finally at the admission stage.

Heard the learned Advocate Mr. Tarale for the applicant and learned additional public prosecutor Mrs. Mane for the State.

The applicant is facing trial for the offence punishable under section 376 of the Indian Penal Code. Two witnesses have been examined so far. PW-1 is the victim. PW-2 was informed by one Aparna that the PW-1 had been ravished by some unknown persons. The prime evidence so far recorded by the prosecution is of the PW-1 only. PW-2 is not an eye witness to the incident.

Borey 1/2

spb/ 904apl32-15.sxw An application was made before the learned trial court for recall of the PW-1 and PW-2 and the said application has been rejected and therefore, the present criminal application has been filed under section 482 of the Cr.P.C.. I have gone through the evidence of PW-1 and PW-2. As already stated, the evidence of PW-2 is not of a much significance. It is submitted by the learned counsel Mr. Tarale that PW-1 was not cross-examined by the lawyer on the point of identification parade. The applicant has now appointed another lawyer, who wants to cross-examine PW-1 and PW-2 both. The cross-examination of PW-1 by the earlier lawyer clearly shows that PW-1 was cross-examined on the point of identification parade. As far as the PW-2 is concerned the learned Advocate of the applicant is not able to tell the court as to why the PW-2 is to be recalled.

As such the application of the applicant was rightly rejected by the learned trial court.

I do not find any substance in the present application. It is dismissed and stands disposed of accordingly. (JUDGE) Borey 2/2