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RAVINDRA MAITHANI
Pulkit Arya – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
The challenge in this revision is made to the order dated 03.05.2024, passed in Sessions Trial No. 1 of 2023, State Vs. Pulkit Arya and others, by the court of Additional Sessions Judge, Kotdwar, District Pauri Garhwal (“the trial”). By it, an application filed by the revisionist to further cross examine PW 23 has been rejected.
2. Heard learned counsel for the parties and perused the record.
3. In the trial, an application bearing No. 351B was presented by the revisionist, seeking further cross examination of PW 23. This application has been rejected by the impugned order. This application reads as follows:-
The above noted case is fixed for today, however on dated 7.10.2023, part of cross examination was done in this Hon’ble Court of P.W. 23, further an application was decided U/s 39 Evidence Act which was further presented to Hon’ble High Court.
In the light of the order passed by the Hon’ble High Court on dated 26.02.2024, the opportunity to further cross examine P.W.23 stands open for defence.
It is therefore being prayed that the Hon’ble Court in the light of abovesaid may kindly summon P.W.23 Pushpdeep Baboria for further cross-examination on
The court affirmed that cross-examination must adhere to the relevance of questions as per the Evidence Act, ensuring the protection of privacy rights.
The court clarified that relevancy of evidence governs cross-examination, and no blanket restrictions can be placed on questioning witnesses.
The main legal point established in the judgment is that a petitioner must avail the opportunities given by the court, and a mere change of counsel does not suffice as a reason for not cross-examinin....
The court emphasized the importance of completing cross-examination within the time frame set by the High Court and allowed two additional days for cross-examination as a special case.
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....
The right to cross-examine witnesses is fundamental to ensuring a fair trial, and courts must allow such opportunities unless legally justified otherwise.
The right to a fair trial includes the right to cross-examine witnesses, and the court may set aside the closure of evidence to ensure this right is upheld.
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