NUR ALAM @ NOOR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a revisional application challenging the order dated 16th December, 2017 passed by the learned Additional District Judge, 1st Court, Shealdah in Special Case No. 25 of 2017, inter alia, recording that the crossexamination of PWs 1 and 2 was declined by the defence.

(2.) The learned Advocate for the accused/petitioner submits that on 16th December, 2017 first the learned Court noted that no evidence could be recorded as no witnesses were present. Naturally, the learned Advocate for the defence went out. The learned Advocate further submitts that then suddenly as the two prosecution witnesses came, the learned Judge allowed the examination-in-chief of PWs 1 and 2 and wrongly recorded that the defence had declined to cross-examine the witnesses. Since, the learned lawyer for the case was not present at that point, there was no question of declining the cross of such vital witnesses.

(3.) The second grievance of the petitioner is that his application for determination of age to find out whether he was a juvenile at the date of occurrence was not considered by the learned Trial Court.