SURESH NARVEKAR Vs. STATE OF GOA

JUDGEMENT

(1.) Rule, with the consent of the parties made returnable forthwith and heard.

(2.) The Petitioner who is an accused in Special Case No. 46/2008, registered by the Porvorim Police Station, under Sections 435, 304-A of IPC read with Section 8 of the Children's Act, has filed the above Petition aggrieved by the order dated 18.11.2009 passed by the learned President of the Court established under the Children's Act, whereby the cross examination of the prosecution witness No.1 has been closed and the prayer for time made by the Petitioner was rejected.

(3.) It appears that the said case was posted for hearing on 2.11.2009 on which date the Petitioner and the other accused were present as well as the complainant. The case was thereafter adjourned to 18.11.2009. It appears from the record that the Petitioner has filed an application questioning the very jurisdiction of the Children's Court to deal with the matter. It is in view of the said application that the Petitioner had sought time on 18.11.2009 to cross examine the PW1. The Court has rejected the prayer for time on the ground that the witness was bound over on last time. As mentioned above, the Petitioner who is an accused and the complainant were both present on 2.11.2009 and the matter was adjourned to 18.11.2009. The Petitioner had sought time on the ground that an application questioning the jurisdiction of the said Court was filed by him, though time in my view could not have been sought on the said ground, however, the Trial Court should have given a last opportunity for the Petitioner to cross examine the PW1, in my view, therefore, the order not allowing the Petitioner to cross examine the PW1 would have to be set aside in the interest of justice and the Petitioner would be entitled to cross examine the said PW1. Since the said case is to come before the Children's Court on 06.01.2010, the concerned Court to fix the matter for the cross examination of PW1 as per its convenience. The cross examination of the PW1 should be completed before examination of the other witnesses starts. Rule is accordingly made absolute in the aforesaid terms.