Criminal Misc. No. M-23664 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-23664 of 2011 Date of decision : 26.09.2011 Jitender ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Jaivir Yadav, Advocate for the petitioner. Mr. Sidharth Sarup, Dy. Advocate General, Haryana. RAJAN GUPTA J. (ORAL) In this petition, the petitioner has challenged the order passed by court of Additional Sessions Judge, Faridabad whereby his application under section 311 Cr.P.C. for recalling the prosecutrix (PW-2) for cross- examination has been dismissed. Learned counsel for the petitioner submits that the petitioner was not able to cross-examine the prosecutrix earlier. Since he is facing a charge under section 376 IPC, non-examination of prosecutrix would result in serious prejudice to the case of the accused. He prays that one opportunity may be granted to the petitioner to cross-examine the prosecutrix. Learned State counsel has, however, opposed the prayer. He submits that petitioner was most casual in its approach throughout the pendency of the case. According to him, present application has been Criminal Misc. No. M-23664 of 2011 2 moved when the case is at the stage of defence evidence and trial is nearing its culmination. Heard. Keeping in view the facts and circumstances of the case, the present petition deserves to be allowed. The trial court may grant one opportunity to recall the prosecutrix for the purpose of cross-examination by accused. Admittedly, there has been delay in moving the application and same has been moved at a stage when prosecution evidence is over. Under the circumstances, this court deems it fit to impose costs for the delay. Petition is thus allowed, subject to payment of `10,000/- as costs to be remitted to Haryana Legal Services Authority. September 26, 2011 (RAJAN GUPTA) Ajay JUDGE