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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Girdhari Lal Soni S/o Gopal Ram Soni – Appellant
Versus
State of Rajasthan, Through P.P. – Respondent
Order :
ANOOP KUMAR DHAND, J.
1. Aggrieved by the order dated 30.07.2022 passed by the Trial Court, the instant misc. petition has been filed.
2. By passing the impugned order, the application filed by the petitioner under Section 311 Cr.P.C. has been rejected and the prayer of the petitioner to cross-examine the witness-Pawan Soni has been declined.
3. Learned counsel for the petitioner submits that the cross- examination is a statutory right of an accused which has been denied to him by passing the order impugned. Counsel submits that last opportunity be granted to the petitioner, so that cross-examination can be done with the complainant.
4. Per contra, learned Public Prosecutor as well as counsel for the complainant opposed the prayer and submitted that only with a view to delay the disposal of the matter, cross-examination was not done by the petitioner and thereafter, the application was submitted with a grave delay. Hence under these circumstances, the trial Court has not committed any error in rejecting the application filed by the petitioner. Counsel submits that under these circumstances, interference of this Court is not warranted.
5. Heard and considered the submissions ma
The right to cross-examine is a fundamental part of a fair trial, which must be upheld even in cases involving procedural delays.
The accused's right to adduce evidence in support of their defense is a valuable right and must be allowed in the interest of justice.
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 right to cross-examine witnesses is a statutory and fundamental right, crucial for ensuring a fair trial, necessitating courts to allow such opportunities to the accused.
The right to cross-examine can be forfeited through negligence, and courts may reject applications to recall such rights if the accused fails to act timely.
The right to cross-examine a complainant is essential for a fair trial, and its denial violates principles of natural justice and Article 21 of the Constitution.
Fair trial principles mandate that the opportunity for cross-examination of significant witnesses cannot be arbitrarily denied, aligning with the objectives of Section 311 of the Cr.P.C.
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