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FARJAND ALI
Dinesh Kumar – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. court's procedure in an appeal. (Para 1 , 2) |
| 2. errors in judgment and assessment of evidence. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. judicial standards in pocso cases. (Para 13 , 14 , 15) |
| 4. further action directed to the chief justice. (Para 16) |
ORDER :
Farjand Ali, J.
Lawyers are abstaining from appearing before the Court.
2. This court had passed the order dated 22.02.2023 wherein it was deemed fit to seek an explanation from the presiding officer who had passed the impugned judgment dated 12.07.2022 before placing the file before Hon'ble Chief Justice.
3. A meticulous perusal of the letter dated 27.02.2023, sent by the presiding officer who had passed the impugned judgment dated 12.07.2022, to Registrar (Judicial) gives no whiff of any plausible reason or cause for commission of such a blatant mistake rather from the very beginning to the end, it appears from the explanation put forward by the presiding officer that he has endeavoured to absolve himself of the mistake and oversight.
4. For the observations made by this Court regarding the in-existence of the cross-examination of PW-1 on the file, copying of other witness' cross-examination in place of the
The central legal point established in the judgment is the plenary power of the court under Section 311 of the Criminal Procedure Code to summon any person at any stage of the proceedings as a witnes....
Recall of witness – Paramount requirement is just decision and for that purpose essentiality of a person to be recalled and re-examined has to be ascertained.
The aim of every Court has to discover the truth. Section 311 of the Code is one of many such provisions of the Code which strengthen the arms of a Court in its effort to ferret out the truth by proc....
Examination-in-chief – Witnesses - Merely providing a witness in such a situation for cross-examination would be of no consequence because witness has to be re-heard keeping in view principle of de n....
The right to cross-examine is fundamental, but the court's discretion under Section 311 must be exercised judiciously, especially against unreasonable delays in raising procedural issues.
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