1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. JUDGMENT Thakuria Vs. State of Rajasthan SB CRIMINAL MISC. PETITION NO.1286/2010. Under Section 482 Cr.P.C. DATE OF ORDER: 19th July, 2010. PRESENT HON'BLE MR. JUSTICE S.P. PATHAK Mr. Anoop Pareek for the petitioner. Mr. G.S. Fauzdar PP for the State. BY THE COURT:- By this petition under section 482 Cr.P.C. has been filed against the order dated 12.5.2010 passed by the learned Additional Sessions Judge, Sambher-lake District Jaipur in criminal case no.44/2009 by which he rejected the application filed by the petitioner under section 311 Cr.P.C. for recalling the prosecutrix. In the instant case, the facts are that on a complaint filed a criminal case was registered against the accused-petitioner and charge-sheet was filed under section 366 and 376 IPC. The trial is continuing. Mst. Rekha, the prosecutrix, was examined as PW-1 on 30.10.2009. The contention of the accused-petitioner is that he and the prosecutrix got married in Arya Samaj. It is also contended that the case was of consent and since some documents showing that the marriage between them had taken place could not be filed in 2 the court while prosecutrix was being examined, therefore, in the interest of justice it is essential to recall the witness. I have considered the submissions made before me. The learned trial court rejected the application under section 311 Cr.P.C. moved by the petitioner for the reason that the factum of mariage having taken place has not been denied by the prosecutrix but an explanation in that regard was offered. The trial court also found that in relation to the marriage some ikrarnama Ex.D-1 was also exhibited and further talks between the family members of the prosecutrix and the accused-petitioner to compromise the matter also took place, therefore, finding that no useful purpose would be served in recalling the witness rejected the application. It is to be seen that Rekha, the prosecutrix, was examined at length and a detailed cross-examination was also done wherein the factum of marriage has not been denied by her. The purpose behind section 311 Cr.P.C. to recall the witness is not to harass the witness. In the present matter, earlier the prosecutrix has been examined and I am of the opinion that by recalling the witness no useful purpose would be served except to delay the trial, therefore, I find no merit in this misc. petition and the same is liable to be dismissed. In the result, this misc. petition stands dismissed. (S.P. PATHAK,J)