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VINIT KUMAR MATHUR
Rajanish Kumar Meena – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. The present Criminal Misc. Petition has been filed against the order dated 29.09.2021 passed by Special Court, Protection of Children From Sexual Offences Act No.l, Udaipur (hereinafter referred to as the 'trial court'), whereby the learned trial court rejected the prayer made by learned counsel appearing for the accused-petitioner seeking reserving the cross examination of victim P.W.2 Mst. W and discharged P.W.2 Mst. W from being cross examined by the petitioner while exercising the powers vested in it under Section 309 Cr.P.C.
2. Brief facts of the case are that in pursuance of the First Information Report No.242/2020 lodged at Police Station Rishabh dev, Udaipur, the present petitioner was prosecuted and is being tried by the Special Court, POCSO Act No. 1, Udaipur for the offences under Sections 363, 376, 344 IPC and under Sections 4 and 6 of the POCSO Act, 2012.
3. During the course of the trial, victim Mst. W appeared as prosecution witness P.W.2 before the trial court on 29.09.2021. After completion of Examination-in-Chief of P.W.2, the counsel for the accused petitioner prayed before the trial court that without providing him a copy of the Examination-in-Chief, he is
The right to cross-examine witnesses is essential for a fair trial, and courts must balance this right with the need for expeditious proceedings.
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 ....
Adjournments cannot be sought simply due to counsel's engagement in another court; timely cross-examination must be ensured for fair trials.
Recall of witness – Right under Section 311 of Cr.P.C. is indelible.
The main legal point established in the judgment is the right to cross-examine the victim under the POSCO Act and the importance of maintaining a child-friendly atmosphere in court.
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