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DEEPAK KUMAR TIWARI
Ganesh Verma S/o. Saddhu Verma – Appellant
Versus
State of Chhattisgarh, Through- Station House Officer, Police Chowki Lawan, Police Station Kasdol, Chhattisgarh – Respondent
ORDER :
1. This Petition has been filed under Section 482 Cr.P.C against the order dated 06.01.2023 passed by the Additional Sessions Judge, FTSC (POCSO Act), Baloda Bazar, District Balodabazar-Bhatapara in Special Criminal Case No.92/2022, whereby the application filed by the Petitioner under Section 311 Cr.P.C for recalling the witness i.e. the victim and her mother for cross-examination, has been dismissed.
2. Brief facts of the case are that the Petitioner is being prosecuted for the offence under Sections 363, 366-A and 376 IPC as also under Sections 4 & 6 of the POCSO Act, 2012 (for short ‘the Act of 2012’). On 30.11.2022, the trial Court has recorded the statement of the prosecutrix and her mother on which date, another Counsel namely Mr. S.P. Bharadwaj informed the Court that the arguing Counsel Shri S.P. Verma has gone for attending proceedings being held at the High court, therefore, the cross-examination of the prosecutrix and her mother could not be done and prayed for another date for carrying out the same by stating that the Petitioner is ready to bear the travelling and other expenses of the witnesses. The Court below asked the Counsel appearing on behalf of Shri S.P.
Adjournments cannot be sought simply due to counsel's engagement in another court; timely cross-examination must be ensured for fair trials.
The right to cross-examine witnesses must be exercised promptly, and adjournments should only be granted for compelling reasons to ensure a fair trial.
The main legal point established is the importance of balancing the rights of the accused and the prosecutrix under Section 311 Cr.P.C. and Section 33(5) of the POCSO Act in ensuring a fair trial.
The court reinforced that adjournments in criminal trials should be granted sparingly and only for valid reasons, emphasizing the importance of timely cross-examination.
Fair trial is a fundamental right which is guaranteed under Article 21 of Constitution of India – Delay should be curtailed but that does not mean Court should allow cross-examination without giving ....
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.
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