Sandeep Mehta, J. - (1.)The appellant-applicant Asharam @ Ashumal (undergoing imprisonment at the Central Jail, Jodhpur) has been convicted and sentenced as below vide judgment dtd. 25/4/2018 passed by the learned Judge, Special Court, POCSO Act Cases, Jodhpur in Sessions Case No.116/2016 (152/2013) (NCV No.129/2016):
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(2.)While the appeals of the appellant-applicant and the other co-accused persons were listed for hearing, an Interlocutory Application No.01/2021 came to be filed on behalf of the appellant Asharam @ Ashumal under Sec. 391 Cr.P.C. for taking additional evidence by way of summoning the police officer Shri Ajay Pal Lamba, posted as DCP (West), Jodhpur at the time of the alleged incident, as a Court witness and to allow the applicant to cross-examine him.
(3.)The foundation of the application is based on the contents of a book authored by the said Shri Ajay Pal Lamba titled as "GUNNING FOR THE GODMAN, THE TRUE STORY BEHIND ASARAM BAPU'S CONVICTION". The substratum of the grounds as set out in the application for summoning Shri Lamba as a court witness and to record his evidence in this appeal is based on certain excerpts of the said book.