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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO._____________/2024 (ARISING OUT OF SPECIAL LEAVE PETITION (CRL) NO.6182/2024
NADEEM Appellant(s)
VERSUS
STATE OF U.P. & ORS. Respondent(s)
O R D E R
1. Leave granted.
2. Service has been effected on respondent nos. 2 and 3.
We have heard learned counsel appearing for the appellant
and learned counsel appearing for the first respondent –
State.
3. The appellant is facing a trial for the offences
punishable under Sections 363, 366 and 376 of the Indian
Penal Code, 1860 (for short, ‘the IPC’) and Sections 3 and
4 of the Protection of Children from Sexual Offences Act,
2012 (for short, ‘the POSCO Act’)
4. The second respondent – complainant is PW1 whose
examination-in-chief was recorded by the Trial Court on
15th February, 2021. It appears that due to pandemic,
evidence was recorded through video conference. The order
sheet dated 27th July, 2021 records that the appellant
2
appeared through video conference but his Advocate was not
present. The Trial Court closed the cross-examination of
PW1 on the very day. Thereafter, PW2 and PW4 (victim) were
examined by the Court. On 16th May, 2023, the appellant
moved an application under Section 311 of the Code of
Criminal Procedure, 1973 (for short, ‘the Cr.P.C.) for
recallin...