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High Court of Punjab and HaryanaCRR/1855/2017dismissed

Aslam v. State Of Haryana

2017-05-24Mrs. Justice Raj Rahul Garg2 pages

Crl. Revn. No. 1855 of 2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Revn. No. 1855 of 2017 Date of decision : 24.05.2017 Mohd. Aslam ....Petitioner versus State of Haryana

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Baldev Singh, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) Prayer in this petition is for setting aside order dated 01.05.2017 passed by the learned Addl. Sessions Judge, Gurugram. A bare perusal of the impugned judgment shows that it is a case under POCSO Act where the age of the prosecutrix was 09 years. All the witnesses were examined on 03.01.2017. The accused was represented by legal aid counsel. It is the guarded duty of the Court to see that prosecutrix is not unnecessarily harassed or repeatedly called for her appearance before the Court. On the date when these material witnesses were examined, opportunity was given to the accused to cross examine these material witnesses but they have not examined the material witnesses. The Court below after relying upon judgment of Hon'ble the Supreme Court in a case of A.G vs. S.K. Yadav and others, MANU/SC/0997/2015 has rightly dismissed the application of the accused GAURAV ARORA 2017.05.31 14:10 I attest to the accuracy and integrity of this document Chandigarh

Crl. Revn. No. 1855 of 2017 for recalling P.W.1 to P.W.5.

In view of the above, no ground is made out to interfere in the impugned order.

The petition stands dismissed.

24.05.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.05.31 14:10 I attest to the accuracy and integrity of this document Chandigarh