Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 540 --------- Summoning of witness for cross-examination --------- Scope --------- Trial Court dismissed application filed by the accused to cross examine prosecution witness who was not cross examined by his counsel when examination-in-chief was recorded --------- Validity --------- Defence counsel refused to cross examine prosecution witness and services of State counsel were provided to the accused --------- Nothing was on record that defence counsel made request for adjournment on the ground that he was suffering from blood pressure and sugar on the relevant date --------- Nothing was on record that adjournment application moved by the defence counsel was declined by the Trial Court --------- Trial Court was bound to summon evidence of a material witness which was essential for just decision of the case --------- Court exercising power under S. 540, Cr.P.C. had to guard itself from exploitation when evidence was essential for a just decision --------- Delay in moving such application for summoning of witness was not relevant --------- Court itself was empowered even without application from any of the parties to summon witness when it was essential for just decision --------- Cross examination of witness was essential for just decision of the case --------- Trial Court was bound to allow defence counsel to cross examine the prosecution witness --------- Accused should not suffer for the fault if any of the defence counsel --------- Cross-examination on prosecution witness was a valuable right of accused --------- Court could determine truth or falsity of witness only through cross examination --------- Case of accused would be prejudiced in absence of cross examination on the prosecution witness --------- Impugned order was not sustainable under the law which was set aside --------- Trial Court should provide fair opportunity to cross-examine the prosecution witness --------- Trial Court was directed to re-summon the prosecution witness for the purpose of cross-examination --------- If prosecution witness was not cross-examined by the defence counsel on the date fixed by the Trial Court then accused…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492