HARISH @ SHEKHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 18.2.2013 passed by the Additional District & Sessions Judge No.3, Beawar (Ajmer) whereby the learned Judge has closed the right of cross-examination of the accused-petitioner.

(2.) The brief facts of the case are that on 28.10.2010, the complainant had lodged a FIR at Police Station Beawar Sadar, District Ajmer for offences under sections 363, 366, 376 IPC. On 18.2.2013, the case was listed for cross- examination of the prosecutrix. However, according to the petitioner, when his counsel came to the court he suddenly fell ill. Therefore, he moved an application seeking adjournment of the case and for further cross-examination of the prosecutrix. But the learned Judge dismissed the said application and closed the right of cross- examination. Hence, this petition before this court.

(3.) The learned counsel for the petitioner has vehemently contended that cross-examination is the only means available to an accused to challenge the veracity and trustworthiness of a witness. The right to cross- examination is an essential part of fair trial. Therefore, the learned Judge was not justified in closing the right of cross-examination.