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RAVINDRA MAITHANI
Amarjeet Singh Marwah – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
The challenge in this revision is made to the judgment and order dated 18.07.2024, passed in Criminal Case No.3667 of 2022, by the court of Additional Chief Judicial Magistrate, Haldwani, District Nainital (“the case”). By it, an application filed by the revisionist for cross-examination of PW1 Smt. Harjeet Kaur, has been rejected.
2. Heard learned counsel for the parties and perused the record.
3. The case is based on chargesheet submitted against the revisionist under Sections 452 and 506 IPC, which is based on the FIR lodged by PW1, Harjeet Kaur. In the case, on 25.05.2024, date was fixed for prosecution evidence. On that date, PW1, Harjeet Kaur, was present but the revisionist was not personally present. He was also not represented. The Court invoking the provisions of Section 309(2)(c) of the Code of Criminal Procedure, 1973 (“”the Code”) proceeded to record the statement of PW1, Harjeet Kaur, and also recorded that the revisionist shall not have no opportunity to cross examine the PW1, Harjeet Kaur. Thereafter, an application under Section 311 of the Code was filed by the revisionist seeking permission to cross-examine PW1, Harjeet Kaur. It has be
The right to cross-examine witnesses is fundamental to ensuring a fair trial, and courts must allow such opportunities unless legally justified otherwise.
The court affirmed that cross-examination must adhere to the relevance of questions as per the Evidence Act, ensuring the protection of privacy rights.
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 main legal point established in the judgment is that the power of a trial Court under Section 311 of Cr.P.C. to allow re-examination of a witness for the purpose of conducting cross-examination o....
Examination of witness – While normal rule is that evidence in a criminal trial must be recorded in presence of accused evidence of witnesses can be recorded in presence of Counsel for accused even i....
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