IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 611 of 2007()
1. REJI, S/O.IYPE POULOSE,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.P.P.JACOB
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :06/03/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.611 of 2007
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Dated this the 6th day of March, 2007
ORDER
The petitioner claims the luxury of a further opportunity to cross
examine PW8, a doctor, who was examined as a witness against him
in a prosecution under Section 307 I.P.C. The doctor was cross
examined also. But it is now submitted that in the course of cross
examination, vitally relevant questions have been omitted to be put to
the doctor. The petitioner does not blame anyone else, but laments
that if the necessary questions were not put to the witness by
recalling him, that will cause great hardship and prejudice to the
petitioner.
2. The learned Judge by the impugned order rejected the
said prayer holding that it would only further delay the proceedings.
3. The learned counsel for the petitioner submits that the
doctor is available and is working within the district of Ernakulam.
Trial is being held before the Additional Sessions Judge of Ernakulam.
In these circumstances, subject to any appropriate and reasonable
terms, the petitioner may be granted opportunity to recall and further
cross examine PW8, it is prayed.
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4. It may not be correct to say that I am too impressed with
the need to recall the witness. But I take note of the fact that the
petitioner is one who is facing a criminal trial and his grievance that
the omission or the alleged omission of his counsel should not be
permitted to operate against him in the adjudication of culpability
does weigh with me to indulgently grant the petitioner a further
opportunity.
5. PW8 will certainly be unnecessarily inconvenienced to
come to the Court again. But I am satisfied that insistence on
appropriate terms to compensate him shall ensure the interests of
justice.
6. This Crl.M.C is, in these circumstances, allowed. The
petitioner shall be permitted by the learned Sessions Judge to recall
PW8 on condition that the petitioner deposits bata and expenses for
the witness and a further amount of Rs.250/- (Rupees Two hundred
fifty only) which shall be released to PW8 when he appears before the
learned Sessions Judge.
7. Hand over a copy of this order to the learned counsel for
the petitioner. The same shall be produced before the learned
Sessions Judge before 09.03.2007 and the necessary steps shall be
taken forthwith.
(R.BASANT, JUDGE)
rtr/-
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