VIKAS YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Petitioner has filed the present petition under Section 482 Cr.P.C. seeking extension of time in conducting defence evidence.

(2.) It is stated that defence evidence commenced from 3rd July, 2007 and till 10th August, 2007, 18 defence witnesses have been examined. Vide order dated 10th August, 2007 passed by this Court, the trial court was directed to conclude the defence evidence by 20th September, 2007 and petitioner has been trying his levels best to conclude his evidence in defence and now only 10 more witnesses, as on date remain to be examined. So, time to conclude the defence evidence be extended appropriately and substantial time be granted for completion of the same and the order curtailing/limiting the right of the petitioner would be against the fundamental rights of the petitioner for a fair trial.

(3.) It has been contended by learned counsel for the petitioner that prosecution has taken more than five years to conclude its evidence whereas, petitioner's evidence is being recorded since July, 2007 only and now 10 witnesses remains to be examined and the petitioner should be permitted to examine them and no prejudice will be caused to the prosecution and the petitioner who is in custody has made all the efforts to produce the defence witnesses as far as possible on the date fixed by the trial court. Learned counsel cited a decision of this Court in Som Nath Sapra vs. State and Anr. 106 (2003) DLT 139 in which it was held that:- "Right to produce evidence in defence by the accused is a valuable right and cannot be curtailed or abridged with the sledge of hammer."