JAGDISH RAYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present criminal revision, the revisionist has challenged the order dtd. 4/12/2021 passed by the learned Special Judge (POCSO)/Additional Sessions Judge, Dehradun, in Sessions Trial No. 53 of 2020, State vs. Jagdish Rayal, whereby the learned Judge POCSO, Dehradun, dismissed the application of the applicant, under Sec. 311 Cr.P.C. Hence, the present revision.

(2.) Learned counsel for the revisionist submits that on 25/3/2021, the applicant was in judicial custody and was brought before the learned Court below from jail. During the course of the day, counsel for the applicant was present in the court, however, no witness was present. At the latter half of the day, PW2 and PW3 were called for deposition and without giving any chance to the counsel for the applicant, who was not present at the moment, learned Court below closed the opportunity of the applicant to cross-examine PW2. On the very same day, the prosecution examined PW3 (father of the prosecutrix) was examined and thereafter learned Court below closed the opportunity of the applicant to cross-examine the PW3 and fixed the next date on 9/4/2021.

(3.) Learned counsel for the revisionist further submits that learned court below has failed to appreciate that the applicant could not have contacted his counsel as he was still in the custody. Learned court not even bothered to send a message to the counsel for the applicant so he could cross-examine the witnesses. Learned counsel further submits that learned court gave several adjournments to the prosecution to bring the witnesses for deposition, however, the applicant-revisionist was deprived of the same opportunity and in this way, learned court below has adopted different standard for prosecution and the defense as the prosecution has sought more than 8 adjournments and the counsel for the applicant has till date only sought 2 adjournments on account of ill health and the court only allowed one of them. Learned court also failed to consider the fact that currently we are facing unprecedented time of pandemic and several members of legal fraternity have even lost their lives.