Jahid Ali Son of Maksud Ali, v. State of Rajasthan
Case brief
What is this about?
Recall of prosecution witnesses in POCSO trial; closure of cross-examination on 10.10.2019 due to absence of defence counsel owing to illness; application under Section 311 Cr.P.C. filed after two-year delay; cross-examination held to be a statutory right of the accused; fair trial as fundamental right under Article 21; conditional relief - Rs.11,000/- to Litigation Welfare Fund and planting of 25 shady plants with photographic proof; one last opportunity to cross-examine PW-1, PW-2 and prosecutrix; direction for expeditious conclusion of six-year-pending trial; offences under Sections 354, 354-A IPC and Section 7/8 POCSO Act; Rajasthan High Court Jaipur Bench, CRLMP 6598/2022, Anoop Kumar Dhand J, order dated 01/11/2025.
What did the court decide?
Petition disposed of with conditions: (i) payment of Rs.11,000/- into the Litigation Welfare Fund at the trial court; (ii) planting of 25 shady plants in the vicinity in a public area within two weeks, with the petitioner to look after them; (iii) submission of photographs of the plants to the trial court. On compliance within the stipulated time, the Trial Court is to re-call PW-1 “P”, PW-2 “N” and the prosecutrix “K” and grant only one last opportunity of cross-examination; on failure, no such opportunity would be granted. Stay application and all pending applications stand disposed of.