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2019 DIGILAW 2562 (RAJ)

Mukesh Singh v. State of Rajasthan

2019-09-23

MANOJ KUMAR GARG

body2019
JUDGMENT Manoj Kumar Garg, J. - The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner challenging the order dated 08.07.2019 passed by the learned Special Judge, Protection of Children From Sexual Offences Act, 2012, No.1, Pali in Sessions Case No.20/2019 whereby the right of the petitioner to crossexamine PW-1 Prosecutrix, was closed. 2. Learned counsel for the petitioner submits that the petitioner filed an application on 08.07.2019 before the trial court seeking one more opportunity to cross-examine the PW-1 as he want to engage another Advocate but the learned trial court did not grant time and closed the right to cross-examine the said witness. He prays that the cross-examination of PW-1 is very essential for just decision of the case, therefore, one opportunity may be granted to the petitioner to cross-examine the said witnesses. 3. Per contra, the learned Public Prosecutor opposed the prayer made by the counsel for the petitioner and submitted that despite granting several opportunities, the petitioner did not crossexamine the witness and he only wants to delay the matter. 4. I have heard the rival contention of the learned counsel for the parties and gone through the material available on record. 5. It is not in dispute that despite grant of opportunities, the petitioner failed to cross-examine the prosecutrix (PW-1), however, since the right of cross-examination is a valuable right in order to prove the innocence of the petitioner, therefore, in the interest of justice, it will be just and appropriate to grant one more opportunity to him to cross-examine the prosecutrix (PW-1) subject to deposition of cost in the sum of Rs.5000/- before the trial court within a period of seven days. Accordingly, the impugned order dated 08.07.2019 is set aside. The trial court is directed to summon the said witness (PW-1) and thereafter, her cross-examination may be done. The amount of cost deposited by the petitioner may be disbursed to the prosecutrix immediately. 6. The misc. petition is disposed of in the above terms. Stay petition also stands disposed of.