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1999 DIGILAW 1521 (RAJ)

Jora Ram S/o Hardeen Ram v. The State of Rajasthan

1999-12-16

BHAGWATI PRASAD

body1999
JUDGMENT 1. - Heard learned counsel for the parties. 2. In this case, material witness was not cross-examined because counsel could not make himself present due to some calamity in his circle. Learned counsel prays that one opportunity may be provided to cross-examine the witness.Learned Public Prosecutor opposes the request. 3. I have considered the rival submissions. Looking to the facts and circumstances of the case, where material witness could not be cross-examined for want of presence of lawyer, this Court considers it fit to award an opportunity to the accused to cross-examine the witness. In this light, the present petition is allowed. The trial Court is directed to permit the petitioner to cross-examine the witness for which one opportunity may be provided and necessary steps may be taken in this regard.Petition allowed. *******