DOWN VICTOR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in S.C.No.484 of 2023 on the files of the Assistant Sessions Court, Thrissur, wherein he is facing prosecution for offences punishable under Ss. 341, 323, 324, 294(b) and 308 of the Indian Penal Code. The petitioner had engaged a Counsel of his choice to defend him. During the trial of the case, on 11/12/2023, the date on which CW1 was to be examined, the petitioner's Counsel relinquished his Vakalath. As a result, the petitioner was compelled to cross-examine PWs 1 and 2 on his own. Later, the petitioner engaged a close relative as his Counsel, who, after reading the deposition of the witnesses, found various infirmities and adviced the petitioner to file a petition to recall the witnesses for further cross-examination. Accordingly, the petitioner filed Annexure A7 application, praying to recall PWs 1 and 2 for further cross-examination. The court below having dismissed the application vide Annexure A8 order, this Crl.M.C is filed.

(2.) Learned Counsel for the petitioner submits that, after the earlier Counsel relinquished the Vakalath, his impecunious circumstances disabled the petitioner from engaging another Counsel immediately. The petitioner was therefore compelled to cross-examine the prosecution witnesses on his own. The petitioner not being a legally trained person, there were many follies in the cross-examination.

(3.) It is contended that by rejecting the application, the court below denied the right to fair trial guaranteed to the accused. As the petitioner was not in a position to engage a Counsel of his choice when his earlier Counsel relinquished the Vakalath, the trial court was duty bound to inform the petitioner about his right to get a pleader engaged by the court, as mandated in Sec. 304 of the Cr.P.C. Further, Article 39A of the Constitution of India imposes a duty on the State to provide free legal aid to needy citizens. Reliance is also placed on the decision of the Apex Court in Khatri and Others v. State of Bihar and Others [1981 KHC 517] to buttress the contention.