VIKRAM KAPOOR Vs. MONIKA

JUDGEMENT

(1.) This is a criminal revision petition against the impugned order dtd. 7/1/2019 passed by learned District Judge (Family Court), Karnal whereby the application filed under Sec. 311 of Code of Criminal Procedure by the respondent-wife has been allowed and she was recalled to face cross-examination.

(2.) In the case in hand, Smt. Monika who is the wife of the petitioner, had preferred an application under Sec. 125 Cr.P.C. for grant of maintenance allowance for herself as well as for her minor son Paras. Her examination-in-chief was recorded but on that day, her cross- examination could not be conducted due to certain reasons. Thereafter, other witnesses have been examined. Learned Family Court as well as counsel for the petitioner were oblivious of the fact that her cross- examination has not been conducted, therefore, learned Court closed the evidence. An application was filed by her under Sec. 311 Cr.P.C. with a prayer for allowing the petitioner to face the cross-examination. Said application was contested and vide impugned order, the same was allowed.

(3.) The concept of cross-examination is a part of the fair trial. Its denial will gravely affect the rights of the prosecution as well as the accused. It is well settled that if a witness has not been cross-examined then his evidence cannot be used in evidence against the opponent.