SURAJ PASWAN @ PUNNU v. STATE OF U.P. AND 3 OTHERS
CRLR/5836/2024 · 2025-09-11
Harvir Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 106924 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106924 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5836 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1.Heard learned counsel for revisionist, learned AGA for the State as well as learned counsel for opposite party no. 4. 2. The instant revision has been filed against the order dated 11.10.2024 passed by the Special Judge (POCSO) Act, Court No. 8, Ballia in Sessions Trial No. 116 of 2021 (State Versus Suraj Paswan). The grievance of the revisionist / accused is that by the said order dated 11.10.2014, another opportunity was given to the prosecution to recall P. W. 1 Gopal Sahni for re-examining him, on the application filed under Section 311 CrPC. In the said application under Section 311 CrPC, it is submitted by the prosecution that some typographical error has crept in, while recording the statement of P. W. 1 on 23.11.2021 and therefore prayed to correct the said typographical error. 3. Learned counsel for the revisionist submits that in the garb of correcting typographical error, statement of P. W. 1 has been recorded in a manner, as if he has been examined afresh and the order dated 11.10.2024 has been passed without hearing the revisionist. 4. On the other hand, learned counsel for opposite party no. 4 has submitted that pursuant to the order dated 11.10.2024, P. W. 1 has further been examined on 18.12.2024 and the date of incident mentioned and recorded in the statement of P. W. 1 as 09.02.2020, has been substituted by 9.10.2020 and there is no other change, as far as re-examination is concerned. Versus Counsel for Revisionist(s) : Rajesh Kumar Counsel for Opposite Party(s) : G.A., Madan Ji Pandey, Santosh Kumar Shukla Suraj Paswan @ Punnu .....Revisionist(s) State Of U.P. And 3 Others .....Opposite Party(s)
5. Learned counsel for opposite party no. 4 has fairly submitted that re- examination is confined only to the correction of the date, i. e. 09.02.2020, hence the date in the said statement has been corrected as 9.10.2020 and there is no other change in the statement recorded. 6.
Under the circumstances, it is directed that the statement of P. W. 1 recorded on 18.10.2024 shall only be limited and read to the correction of date, i. e. 9.10.2020 instead of 9.2.2020 and nothing else since a typographical error can be corrected, if that was bonafide and such correction will not change the nature of statement. 7. In view of the above, present revision is disposed of. September 12, 2025 HR CRLR No. 5836 of 2024 2 (Harvir Singh,J.) Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad