Heard learned counsel for revisionist and learned A.G.A. for the State.
The order dated 22.10.2009 passed by Additional Sessions Judge Vth, Agra, is impugned in the instant revision. An application was given in Session Trial No.471 of 2008 under Sections 363, 366, 376 I.P.C. pending in the court of Additional Sessions Judge Vth, Agra. Application was to defer cross examination of PW-1 and produce victim as prosecution witness so that both witnesses might be cross examined on behalf of accused simultaneously. Learned Additional Sessions Judge, rejected the said application and also closed opportunity of cross examination of PW-1.
I am not in agreement with submission of the counsel for revisionist. It is prerogative of the court concerned and prosecution to lead evidence as and how it proposes. No one, least of, all the accused can not compel prosecution to produce witnesses according to his own convenience.
In the circumstances, I do not think that there is any illegality in the order impugned. However, I am of the view that since accused/revisionist has been deprived of an opportunity to cross examine PW-1, he should be allowed a single opportunity to cross examine PW-1 in order to substantiate his contention and to defend his case properly.
I dispose of this revision with a direction to Additional Sessions Judge Vth, Agra that a single opportunity shall be given to revisionist to cross examine PW-1. In the event a certified copy of this order is produced before Additional Sessions Judge within a period of two weeks from today, he shall fix a date within next 15 days and summon PW-1 for cross examination. Accused/revisionist or his counsel shall cross examine PW-1. In the event accused/revisionist fails to avail this liberty, no opportunity in future shall be given.
Order Date :- 8.1.2010 rkg