SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2013 Supreme(Raj) 1430

R.S.CHAUHAN
Harish @ Shekhar – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Ajay Poonia, Advocate.
For the State: N.R. Saran, P.P.

JUDGMENT

1. - The petitioner is aggrieved by the order dated 18.2.2013 passed by the Additional District & Sessions Judge No. 3, Beawar (Ajmer) whereby the learned Judge has closed the right of cross-examination of the accused-petitioner.

2. The brief facts of the case are that on 28.10.2010, the complainant had lodged a FIR at Police Station Beawar Sadar, District Ajmer for offences under sections 363, 366, 376 IPC. On 18.2.2013, the case was listed for cross- examination of the prosecutrix. However, according to the petitioner, when his counsel came to the court he suddenly fell ill. Therefore, he moved an application seeking adjournment of the case and for further cross-examination of the prosecutrix. But the learned Judge dismissed the said application and closed the right of cross- examination. Hence, this petition before this court.

3. The learned counsel for the petitioner has vehemently contended that cross-examination is the only means available to an accused to challenge the veracity and trustworthiness of a witness. The right to cross- examination is an essential part of fair trial. Therefore, the learned Judge was not justified in closing the right of cross-examination.

4.









Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top