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1988 Supreme(Raj) 583

MOHINI KAPUR
Villas Sachdeva – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. S.K. Sharma, Advocate.
For the Non-Petitioner:Mr. S.P. Tyagi, Advocate.

JUDGMENT

1. - The petitioner has been brought before the Juvenile Court Kota for having caused the death of his sister-in-law Rita, after having made an attempt to rape her. He is facing enquiry for the commission of this offence. He moved an application before the Juvenile Magistrate that be be permitted to engage a counsel to appear before the court and cross examine the witnesses. A prayer was also made that the witnesses who have been already examined should be recalled for cross examination This application has been refused by the court on 19.12.87. No reasons have been given in the short order which has been made on the application itself. This miscellaneous petition is directed against this order.

2. The learned counsel for the petitioner has contended that the case against the petitioner, who is a juvenile, is a serious one and it is necessary that a full and fair enquiry be made and for this purpose a legal practitioner should be allowed to appear before the court. The learned counsel for the petitioner tried to argue that an A. P. P. is appearing before the court which means that the prosecution is represented by a law knowing person, but the accused has not been given thi






















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