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ANOOP KUMAR DHAND
Pooranmal Yadav – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
By way of filing the instant misc. petition, a challenge has been led to the impugned orders dated 03.04.2024 passed by the Additional Sessions Judge, Chomu, District Jaipur in Sessions Case No.2/2024 by which the opportunity of cross-examination of the petitioner with the Prosecution Witnesses PW-1 Deepa and PW-2 Sunita has been closed and the order dated 10.05.2024 whereby the application submitted by the petitioner under Section 311 Cr.P.C. for recalling of the above two witnesses has been rejected.
2. Learned counsel for the petitioner submits that the petitioner is under trial for the offences under Sections 376(2)(n), 506 & 392 of IPC before the Court of Additional Sessions Judge, Chomu, wherein charges were framed against him for the above stated offences vide order dated 20.02.2024 and the prosecution witnesses were summoned on the next date, i.e., 03.04.2024. Counsel submits that on the fateful day, that was the first day for recording of the statements of the above stated witnesses, counsel for the petitioner was not keeping well as he was suffering from an ailment. Hence, an application was submitted in writing for granting opportunity to cross-examine the Prose
Recall of witness – Paramount requirement is just decision and for that purpose essentiality of a person to be recalled and re-examined has to be ascertained.
The right to cross-examine witnesses is a statutory and fundamental right, crucial for ensuring a fair trial, necessitating courts to allow such opportunities to the accused.
The accused's right to adduce evidence in support of their defense is a valuable right and must be allowed in the interest of justice.
The central legal point established in the judgment is the plenary power of the court under Section 311 of the Criminal Procedure Code to summon any person at any stage of the proceedings as a witnes....
The main legal point established in the judgment is that the power of a trial Court under Section 311 of Cr.P.C. to allow re-examination of a witness for the purpose of conducting cross-examination o....
Fair trial principles mandate that the opportunity for cross-examination of significant witnesses cannot be arbitrarily denied, aligning with the objectives of Section 311 of the Cr.P.C.
The right to cross-examine a complainant is essential for a fair trial, and its denial violates principles of natural justice and Article 21 of the Constitution.
The aim of every Court has to discover the truth. Section 311 of the Code is one of many such provisions of the Code which strengthen the arms of a Court in its effort to ferret out the truth by proc....
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