The Court allowed the recall of prosecution witness PW Avtar Singh for cross-examination. A process shall be issued to secure his presence for cross-examination on the first date; no further opportunity will be granted.
Recall of PW Avtar Singh for cross-examination allowed; process to be issued for his appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-12290 of 2009 Date of Decision: October 22, 2009
Bawa Singh … Petitioner
Versus
State of Punjab … Respondent
CORAM: HON’BLE MR. JUSTICE S.D. ANAND
Present : Mr. Shakun Chaudhary, Advocate, for the petitioner. Mr. BBS Teji, AAG, Punjab.
S.D. Anand, J.
In terms of the order dated 10.08.2009, the learned State counsel has placed on record certified copies of number of interim orders passed by the Court below. Those certified copies of the interim orders are taken on record.
In the context of the plea raised by the petitioner for the recall of Avtar Singh PW for cross-examination, it may be noticed that he is the star witness for the prosecution and if his testimony is not allowed to be tested on the touchstone of cross-examination, it shall remain unrebutted and could form the basis of conviction. The petitioner was certainly amiss by avoiding to cross-examine him on 2/3 dates on which he was presented for cross-examination. At the same time, averred dereliction on the part of the counsel cannot be allowed to be used to the detriment of the petitioner.
In the larger interest of the justice, this petition shall stand allowed. The presence of PW Avtar Singh shall be secured by the Court by issuance of an appropriate process and, on the very first date that witness appears, he shall be cross-examined. If he is not crossexamined on the first date, no further opportunity shall be granted therefor.
Disposed of accordingly.
October 22, 2009 ( S.D. Anand ) vinod Judge
Judge
1 issue framed by the court
Whether to allow the recall of prosecution witness PW Avtar Singh for cross-examination to prevent conviction on unrebutted testimony.
Bawa Singh
State of Punjab
S.D. Anand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
