LAWS(RAJ)-2001-4-50

SALMAN KHAN Vs. STATE

Decided On April 13, 2001
SALMAN KHAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) HEARD the learned counsel Mr. Saraswat for the petitioner accused and learned AAG Mr. R. P. Vyas for the respondent State.

(2.) THIS petition is filed under Section 482 Cr. P. C. against the order dated 8. 1. 2001 passed by the Officer Incharge (Copying Section), District and Sessions Court, Jodhpur and also the impugned order dated 20. 12. 2000 passed by the learned Civil Judge (Junior Division) and Judicial Magistrate, Jodhpur by which the application filed by the accused for obtaining duplicate copy of video cassette was rejected in criminal case no. 352/2000 and C. R. No. 93 (26)/98 (State vs. Salman Khan & Ors. ).

(3.) IT is true that the learned trial Judge has observed in his order that if the defence counsel thinks it fit then the video cassette may be operated in the Court at the time of trial for the purpose of cross-examination, but Mr. Saraswat was right in submitting that the defence counsel has to prepare himself well in advance before cross-examination of the witnesses and he would not be in a position to make effective cross-examination of the witnesses in absence of advance duplicate copy of video cas- sette made available to him. The application of the accused are wholly unsustainable.