Shivani Gadhavi
Published On: January 31, 2022 at 18:18 IST
The Delhi Court on January 21, 2022, noted that a Fair Trial should be given to both, the Victim and the Accused, in a Case. The High Court pointed out that is the responsibility of a Court to ensure the Execution of a Free and Fair Trial.
The Single Judge Bench of Justice Manoj Kumar Ohri was hearing a Petition filed by an Appellant (Accused in original Case) in the Case of Krishan Kumar v. The State of (GNCT) Delhi, wherein the Petitioner Challenged two Orders of a Trial Court which Denied the Petitioner, to have the opportunity of Cross Examining a Witness.
The Petitioner who is charged of Offence under Section 304B (Dowry Death) of the Indian Penal Code, had also filed an Application under Section 311 (power to summon material Witness or examine person present) of the Code of Criminal Procedure, which was dismissed by the Trial Court.
The Counsel for the Petitioner, Advocate Inderpal Kokhar, stated that “The Petitioner had initially sought to Cross Examine both the parents of the deceased on one day, however the Prosecution subsequently chose to drop the mother of the deceased, i.e., PW2, from the array of Witnesses.”
The Bench in this regard stated that “This Court cannot lose sight of the fact that a Fair Trial is the hallmark of Criminal Procedure. It entails not only the Rights of the Victims but also the interest of the Accused.”
The Delhi High Court Bench also stated that the Petitioner will have to deposit INR 5,000 in the Delhi State Legal Services Authority, after which the Trial Court would summon the Witness (father of the deceased) for one day for cross-examination. However, if the Petitioner fails to do this, the opportunity to Cross Examine the Witness shall be closed for him.
The Delhi High Court Bench disposed off the Plea and Ordered that a copy of the present Order shall be sent to the Trial Court.