NAVEEN @ YATENDRA SINGH CHAUHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Mr. Harshit Sanwal, Advocate, present for the applicant.

(2.) Ms. Mamta Joshi, learned Brief Holder, present for the State of Uttarakhand.

(3.) The applicant is an accused in a trial being Criminal Case No. 2231 of 2013, which is presently underway. Many of the prosecution witnesses have been examined, one of the prosecution witness PW4, who is a police constable, as a member of Special Task Force, who allegedly caught the present applicant smuggling elephant tusk, and a witness to the recovery seized was also crossexamined on 25.08.2014. In his examination-in-chief which took place pre-lunch session and since the prosecution witness was not cross-examined by the defence, a plea has been taken by the defence that one more opportunity be given to cross-examine the prosecution witness after the lunch. They fail to avail even this opportunity and thereafter the opportunity for crossexamination of the prosecution witness come to an end.