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SATISH KUMAR SHARMA
Vimla Devi – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. This Petition has been filed under Section 482 Cr.P.C. being aggrieved of the order dated 6-1-2021 in Sessions Case No.45/2002, State Vs. Smt. Vijay Yadav, passed by Additional Sessions Judge Women Atrocities Cases, Jaipur Metropolitan-I, Jaipur whereby the application for reading the statements of witness Phool Singh recorded during trial of co-accused Jogendra Singh, against present accused respondent who absconded during previous trial, has been dismissed and order dated 6-4-2021 dismissing the application for recalling the said order dated 6-1-2021.
2. Heard learned counsel for both the sides and perused the material available on record.
3. Learned counsel for the petitioner submits that in this case cognizance under Sections 498A and 304B IPC was taken on 18-9-2001 against accused respondent Vijay Yadav, her son Yogesh, and her husband Jogendra Singh. During trial the present accused respondent Vijay Yadav absconded. She was declared absconder on 28-2-2002 and standing arrest warrant was issued against her. Proceedings under Sections 82 and 83 CrPC were also initiated. The statements of witness Phool Singh, the father of deceased were recorded during the trial of co-accu
Witness statements recorded in the absence of an absconded accused can be admissible in subsequent trials if the witness is incapable of giving evidence.
The provisions of Section 299 of the CrPC and Section 33 of the Indian Evidence Act allow for the use of a deceased witness's statement as evidence in the absence of the accused, and the prosecution ....
Point of Law - Nature of certain orders which are neither ‘final’ nor ‘interlocutory’, but of an ‘intermediary’ nature, that is to say, an order of the type falling in the middle course. It was also ....
A trial conducted without the accused's presence and without proper representation violates fair trial rights, undermining the integrity of the judicial process.
Examination of witness – While normal rule is that evidence in a criminal trial must be recorded in presence of accused evidence of witnesses can be recorded in presence of Counsel for accused even i....
The evidentiary value of a statement under Section 164 Cr.P.C. is limited and is used as an aid during trial.
An accused person cannot claim de novo trial as a matter of right, except in exceptional circumstances where the defence counsel's representation falls below an objective standard of reasonableness.
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