BHERU SINGH JHALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is petition under Sec. 482 Crimial P.C. against the Order dated 05.06.2015 passed by the Special Judge, Sessions Court, Prevention of Corruption Cases, Udaipur in Criminal Case No. 12/2000 vide which the defence evidence of the petitioner has been closed at the stage of Sec. 313 Crimial P.C. While closing the defence evidence, the trial court noted that the defence evidence was being recorded since the year 2011 and in spite of the same, the petitioner has not produced the defence witnesses. Thereafter, the defence evidence was closed abruptly.

(2.) While praying for setting aside the order impugned, learned counsel for the petitioner contended that the prosecution completed its' evidence on 25.10.2010. On 03.01.2011, the petitioner submitted a list of 31 witnesses in his defence. It is contended that as many as 11 witnesses have been examined. However, for one reason or the other, the remaining witnesses could not be examined either due to the strike of the advocates, the Presiding Officer being on leave or on account of long cross-examination by the prosecution of the defence witnesses. Moreover, the prosecution itself took almost 10 years to produce the prosecution witnesses. It is contended that the delay in the trial is not on account of the petitioner as is evident from the order-sheets.

(3.) These facts are not disputed by the learned counsel for the State.