JUDGMENT

Index to the Judgment

Factual Background

Submissions By Learned Counsels

Analysis and Findings

i. Analysis of Evidence

ii. Denial of Opportunity to Prosecutor to Cross-Examine Hostile Witness

iii. Impact of Witness turning Hostile during Cross-Examination

iv. Fair Trial: Right of State vs. Right of Accused

v. Multi-fold responsibilities of Public Prosecutors

vi. Right of Public Prosecutors to effectively defend the State

vii. Duty of Court to balance the Two Competing Rights

Conclusion

Swarana Kanta Sharma, J.

1. The present appeal has been filed by the appellant under Section 374 read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C') seeking setting aside the impugned judgment dated 30.03.2009 and order on sentence dated 13.04.2009 passed by learned Additional Sessions Judge-II, North-West District, Rohini Courts, Delhi (`Trial Court') in Sessions Case 257/06, arising out of FIR No. 419/2005, registered at Police Station Uttam Nagar under Sections 307 of Indian Penal Code, 1860 (`IPC'), whereby learned Trial Court convicted the appellant for offences punishable under Sections 326/324 of IPC. By virtue of order on sentence dated 13.04.2009, the appellant w