CRLMP1983/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Petition No.1983/2010 Shakeel Ahmed Vs. State of Rajasthan through P.P. And Another Date of Order ::: 27.10.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Anoop Dhand, Counsel for petitioner Shri Piyush Kumar, Public Prosecutor #### By the Court:- This petition has been filed by petitioner under Section 482 Cr.P.C. assailing order of court of Sessions dated 30.09.2010. Contention of learned counsel for petitioner is that after statement of prosecutrix, recall of petitioner Shakeel Ahmed (PW-3) and her mother Wahida Khan (PW-5) for re-cross-examination is not necessary and learned trial court in passing such order has overlooked parameters contained in Section 311 of Cr.P.C.. It was argued that even if date of birth as alleged by defence now at the strength of one document procured by them from Vidya Bharati Public School is accepted, the prosecutrix still remains below 18 years of age CRLMP1983/2010 // 2 // on the date of incident i.e. 06.10.2009. Recall of those witnesses by impugned order of trial court was absolutely illegal. Upon hearing learned counsel for petitioner and perusing impugned order, I find that learned trial court was conscious of fact that even though age of prosecutrix in either event would remain less than 18 years but nevertheless it observed that correct age of prosecutrix as on the date of incident was an important factor. Learned trial court has exercised its discretion in a particular manner on the basis of documents produced by the prosecution and it cannot be said to have acted beyond its jurisdiction in directing to recall those witnesses. I therefore do not find any infirmity in the impugned order. The miscellaneous petition is dismissed. (Mohammad Rafiq) J. //Jaiman//