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MANOJ KUMAR GARG
Kumbh Singh @ Kirat Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. No one has put in appearance on behalf of the respondent No. 2 even in the second round.
2. The instant criminal misc. petition has been filed by the petitioner challenging the order dated 16.07.2022 passed by learned Special Judge, POCSO Act Cases, Jodhpur, Distt. Jodhpur in Sessions Case No. 7/2021 whereby, the learned Special Judge dismissed the application filed by the petitioner under Section 311 Cr.P.C for cross-examining the victim.
3. Learned counsel for the petitioner submits that the cross-examination of the victim could not be done because the counsel for the accused-petitioner appearing before the trial court was under impression that the parties have entered into a compromise. Despite request for adjournment, the trial court closed the opportunity of the petitioner to cross-examine the victim and also dismissed the application under Section 311 Cr.P.C. Learned counsel submits that the petitioner is facing the trial under the POCSO Act so the victim is a material witness and if the petitioner is not allowed to cross-examine the victim, he will suffer irreparable loss and shall be deprived of opportunity to prove his innocence. The learned trial court without
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 ....
The court emphasized the right of the accused to cross-examine witnesses as part of fair trial principles under Section 311 of the Cr.P.C.
The court emphasized the importance of fair cross-examination rights under Section 311 of the Cr.P.C.
S.35(2) POCSO applies only to child victims, not mothers; recall for cross-examination permissible due to illness.
Counsel's unavailability does not justify recalling child victim under POCSO Act to override statutory trauma protection.
The court emphasized the right to a fair trial and allowed the petitioner to cross-examine witnesses while restricting further adjournments.
Abuse of process in legal proceedings; reiteration on witness recall standards.
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