Single judge order permitting the petitioner one final opportunity to cross-examine the main prosecution witness (PW2) upon depositing costs, despite prior defaults by the petitioner's counsel.
Petition allowed subject to costs; PW2 ordered to be summoned for cross-examination upon deposit of Rs. 25,000/- in advance.
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$~20
Crl. M.A. 5919/2017
Allowed, subject to all just exceptions.
Application is disposed of.
Crl. M.C. 1434/2017
By the order impugned in this petition, trial court has dismissed the application of the petitioner under Section 311 Cr.P.C. seeking recalling of the prosecutrix-PW2 for her cross-examination. Examination-in-chief of PW2 was recorded on 8th April, 2016 but could not be completed, therefore, it was deferred for 11th April, 2016. On 8th April, 2016 counsel for the petitioner was not present in Court. Trial court directed the petitioner to ensure that her counsel appears on 11th April, 2016 for cross-examination.
Examination-in-chief of PW2 was concluded on 11th April, 2016, however, she could not be cross-examined as counsel for the petitioner did not appear even on that day. Accordingly, cross-examination of PW2 was deferred for 17th May, 2016, subject to costs of `5,000/-. Even on 17th May, 2017 counsel for the petitioner did not appear in Court, consequently, opportunity of petitioner to cross-examine the PW2 was closed.
Since prosecutrix is the main and important witness, one last opportunity is granted to the petitioner to cross-examine the prosecutrix (PW2), subject to however, costs of `25,000/- to be paid to PW2, who has to come from West Bengal. Cost be deposited in advance before the trial court and only thereafter PW2 be summoned for the date, to be fixed by the trial court. It is, however, made clear that in case PW2 is not available at the given address and her presence is not secured for this reason, then her examination-in-chief, as recorded already, will be read and will not be ignored.
Petition is disposed of in the above terms.
A.K. PATHAK, J.
APRIL 13, 2017 ga
2 issues framed by the court
Whether a postponed witness should be recalled for final cross-examination after the petitioner failed to appear on previous adjourned dates.
Whether the petitioner can be granted a last opportunity to cross-examine the prosecutrix by depositing costs.
1 provisions across 1 enactments
RESHMA
THE STATE NCT OF DELHI
A.K. PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
