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ANOOP KUMAR DHAND
Suraj Sharma @ Durgesh – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
Anoop Kumar Dhand, J.
By way of filing of the instant criminal misc. petition under Section 482 Cr.P.C., the petitioner has challenged the impugned order dated 03.09.2022 passed by, Special Judge, the Protection of Children from Sexual Offences Act (for short 'the POCSO Act') No. 1, Jaipur Metropolitan, Jaipur in case No. 79/2021 by which application filed by the petitioner for summoning PW-1 Bhag Chand and the prosecutrix has been dismissed.
2. Facts of the case, in nutshell, are that the petitioner is facing trial for the offence under Section 376(2)(N), 384 of IPC and under Section 5 (L)/6 of POCSO Act and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. After framing of charge, the case was posted for recording the evidence of the prosecution witnesses and on 05.03.2022, PW-1 Bhag Chand appeared and his examination-in- chief was recorded. Counsel for the petitioner was not available on that day and the case was posted for the next date and on the next date, the petitioner refused to cross-examine these witnesses and hence cross-examination of these witnesses was closed and thereafter the case was posted for recording
The right to cross-examine witnesses is essential for a fair trial, and courts must balance this right with the need for expeditious proceedings.
The right to cross-examine is a fundamental part of a fair trial, which must be upheld even in cases involving procedural delays.
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 ....
The indelible right to cross-examine and the seriousness of offenses under the POCSO Act influenced the court's decision to allow the petitioner to cross-examine the main witness.
Recall of witness – Right under Section 311 of Cr.P.C. is indelible.
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