Trial Court's Denial of Cross-Examination Deemed Unjust; Orders Re-summoning of Witnesses for Fair Trial
In a significant ruling, the Rajasthan High Court, Jaipur Bench, has reinforced the statutory right of the accused to cross-examine prosecution witnesses, ensuring the fundamental principles of a fair trial. The judgment, delivered by Justice Anoop Kumar Dhand, addressed a petition by Pooranmal Yadav, who challenged the decisions of the Additional Sessions Judge, Chomu, District Jaipur, in Sessions Case No. 2/2024.
The petitioner was unable to cross-examine prosecution witnesses due to his counsel’s illness on the scheduled date. Despite submitting a written application for an adjournment, the trial court dismissed the request, closing the opportunity for cross-examination. Subsequent efforts to recall the witnesses under Section 311 of the Criminal Procedure Code (CrPC) were also denied by the trial court.
Highlighting the importance of cross-examination as a statutory right under Sections 137 and 138 of the Indian Evidence Act, 1872, the High Court emphasized that denying this right without justified reasons amounts to a miscarriage of justice. Justice Dhand referenced the Supreme Court’s principles from the case of Rajaram Prasad Yadav v. State of Bihar, underscoring that the right to cross-examine is essential for a just decision in any legal proceeding.
The High Court quashed the trial court's orders and directed the re-summoning of prosecution witnesses PW-1 Deepa and PW-2 Sunita, ensuring that the accused, Pooranmal Yadav, is provided an opportunity to cross-examine them. This decision reiterates the judiciary's commitment to uphold the accused's rights and ensure a fair trial, aligning with constitutional and human rights mandates.
Bottom Line:
Right to cross-examine a witness is a statutory right of the accused, and its denial amounts to deprivation of a fair trial.
Statutory provision(s): Section 311 of the Criminal Procedure Code, 1973; Sections 137 and 138 of the Indian Evidence Act, 1872
Pooranmal Yadav v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2837254
