The Allahabad High Court recently in its judgement held, that an accused being charged with a serious offence cannot be denied the right of ‘Impartial Hearing’
The judgement was delivered by Justice Sanjay Kumar Singh, Allahabad High Court, while adjudicating a matter of an application U/s 482 of CrPC which was filed by the appellant against the order of the Additional Sessions Judge, Fast Track Court, and District Meerut.
The accused had requested the Bench of the Additional Sessions Judge to recall the victim and witnesses of the case for another cross examination.
Case History:
In December 2013 upon the pursuance of the first informant (victim herein), the complaint was registered against the accused and seven other people. The charges framed were U/s 498-A, 323,504,506,376 IPC and Sections 3/4 of the Dowry Prohibition Act 1961.
The complainant said in her FIR that since the inception of her marriage with Sunil (Applicant herein), her husband’s family kept coercing her to bring more dowry as they were not satisfied with the things received during marriage.
She further alleged the committal of rape by her husband and his brother in law. After the complaint got registered, investigation commenced, charge sheet was submitted, cognizance was taken and trial had begun.
During the trail, the examination-in-chief of the victim took place in February 2015, the cross examination took place in 2018 and October 2108. However, the further cross examinations that were scheduled for April 2019 could not be done by the counsel due to COVID-19 restrictions prevailing at that time.
Thus the Applicant of the present application (Sunil) had moved the application for re-call of witness/victim for cross examination. The application was rejected by the Order dated 31/8/2021, by the Additional Sessions Judge.
The applicant thus challenged this order in the HC, through this instant application. The applicants counsel stated that holding a fair cross examination is the legal right of the accused and in the absence of the same, serious prejudice would be suffered by him.
COURT’S ORDER:
The High Court stressed that the Courts are duty bound to reach to a judgement upon following the necessary principles involved and a complete cross examination in an essential requisite of the same.
The Court further highlighted that regardless of the case merits, the Court is to look into the defence version and not limit itself to the prosecution version.
The High Court thus ordered that the order dated 31/08/2021 by the bench of Additional Sessions Judge be quashed and the applicants be given an opportunity for cross examination.
In view of this, the impugned order was quashed and it was directed thus: "...if the applicants file a certified copy of this order within three week from today before the court concerned along with a draft of Rs. 25,000/- in favour of the opposite party No. 2...the court below shall fix a suitable date the applicants will be given an opportunity to cross-examine PW-1. On the appearance of PW-1, Smt. Kaushal for cross-examination, the draft shall be handed to her.”
