STATE OF DELHI Vs. SANJAY VERMA

JUDGEMENT

(1.) This revision petition has been filed by the CBI aggrieved by the order dated 14.10.2005 passed by the learned Special Judge whereby the application moved by the CBI under Section 311 Cr.P.C. for re-examination of the PW1 (Daljeet Singh) was disallowed. Notice in this revision petition was directed to be issued on 01.05.2006 and fresh notice was directed on 28.07.2006. The respondents have been served but they have chosen not to appear. In these circumstances, I am left with no alternative but to hear the matter merely on the arguments advanced by the learned counsel for the CBI.

(2.) In the impugned order, the circumstances under which PW1 turned hostile and was cross-examined by the counsel for CBI have been clearly indicated. The reasons for disallowing the application under Section 311 Cr.P.C. are also set out therein. The relevant portion of the same reads as under:

(3.) It is apparent that the petitioner has repeated the same averment which was made before the learned Special judge that the witness PW1 turned hostile during cross-examination which was recorded on 02.09.2004 It is also re-iterated by the petitioner that the witness PW1, when he was examined on 21.01.2004 and 20.04.2004, had completely supported the prosecution case on the point of demand, acceptance and recovery. However, on an examination of the record, I find that PW1 was examined on 21.01.2004 and his further examination was deferred as the witness stated that he is perplexed and is nervous. Thereafter, PW1 (Daljeet Singh) was further examined on 20.04.2004 A copy of the statement recorded on that day is placed on record in the present petition at pages 23-28. At page 27 of the paper book, the following is noted: "At this stage, Sr. PP for CBI requests to cross examine the witness as witness is resiling from his previous statement u/s 161 Cr.P.C. Heard. Allowed."