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1999 Supreme(Raj) 1504

J.C.VERMA
Radhey Shyam @ Radhey – Appellant
Versus
State of Rajasthan, through P. P. – Respondent


Advocates:
For the Petitioner:S.K. Jain, Advocate.
For the Respondent: S. Goyal, Public Prosecutor.

JUDGMENT

1. - Issue notice to respondent. Learned PP is present.

2. The applicant is being tried for the offence of Section 376 IPC in Sessions Case No. 28/99 in court of Sessions Judge, Dholpur. The grievance of petitioner is that because of certain reasons his counsel was not available and he had made prayer to court for allow him to engage another counsel. As per order even though the time was granted to petitioner to engage the counsel, but the petitioner was not able to engage the counsel till 23.10.99. The petitioner had no opportunity to cross examine the witnesses through counsel and he cross examined the witnesses himself. Even though the conduct of petitioner does not require to give him any right to get the witnesses recalled for the purpose of cross examination after engaging the counsel, but as the material witnesses have been cross examined by the accused himself, still in the interest of justice I am of the opinion that the petitioner be given one opportunity for cross examining the witnessed. It is stated at bar that one Advocate Mr. Mahesh Mudgal has already stands engaged by the petitioner for defending the case of petitioner. Therefore, if the permission is grante





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