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Judgment
The present petition has been filed under Section 482 Cr.P.C. praying that the accused petitioner be granted one opportunity to lead defence evidence in Sessions Case No.17/2017 titled as State/Ramdev.
The learned counsel for the petitioner has contended that the statement of the accused petitioner under Section 313 Cr.P.C. was recorded on
18.9.2017. Thereafter, three opportunities were granted by the trial court on 4.10.2017, 23.10.2017 and 2.11.2017 to lead defence evidence. The learned counsel for the petitioner contends that the petitioner is behind the bars from the last more than five years. It is submitted that the prosecution availed five years to lead prosecution evidence, whereas the petitioner accused was compelled to lead entire defence evidence within the span of twenty-eight days. The learned counsel for the petitioner has submitted that one opportunity may be granted to the petitioner to examine four witnesses namely Amar Singh, Jai Singh, Dr. Arti Nidha and Dr. Pradeep Sharma, as defence witnesses. The learned counsel for the petitioner has stated that he will examine all the four witnesses on one day at his own risk and cost.
The learned Public Prosecutor having opposed the petition could not give any justifiable reason as to why one opportunity to lead defence evidence could not be afforded to the accused petitioner.
Consequently, the present petition is allowed. It is ordered that on 12.3.2018, the trial court shall fix a short date for leading defence evidence subject to convenience and calendar of the court. On the short date fixed by the trial court, the petitioner will examine all the four witnesses named above at his own risk and cost. Further direction is issued to the trial court that on the said date evidence of all the four witnesses shall be recorded and in case same is not concluded, the recording of evidence of witnesses shall continue on the next day.