N.S. Dhanik, J
1. By means of present criminal revision, the revisionist has challenged the order dated 04.12.2021 passed by the learned Special Judge
(POCSO)/Additional Sessions Judge, Dehradun, in Sessions Trial No. 53 of 2020, State vs. Jagdish Rayal, whereby the learned Judge POCSO,
Dehradun, dismissed the application of the applicant, under Section 311 Cr.P.C. Hence, the present revision.
2. Learned counsel for the revisionist submits that on 25.03.2021, the applicant was in judicial custody and was brought before the learned Court
below from jail. During the course of the day, counsel for the applicant was present in the court, however, no witness was present. At the latter half
of the day, PW2 and PW3 were called for deposition and without giving any chance to the counsel for the applicant, who was not present at the
moment, learned Court below closed the opportunity of the applicant to cross-examine PW2. On the very same day, the prosecution examined PW3
(father of the prosecutrix) was examined and thereafter learned Court below closed the opportunity of the applicant to cross-examine the PW3 and
fixed the next date on 09.04.2021.
3. Learned counsel for the revisionist further submits that learned court below has failed to appreciate that the applicant could not have contacted his
counsel as he was still in the custody. Learned court not even bothered to send a message to the counsel for the applicant so he could cross-examine
the witnesses. Learned counsel further submits that learned court gave several adjournments to the prosecution to bring the witnesses for deposition,
however, the applicant-revisionist was deprived of the same opportunity and in this way, learned court below has adopted different standard for
prosecution and the defense as the prosecution has sought more than 8 adjournments and the counsel for the applicant has till date only sought 2
adjournments on account of ill health and the court only allowed one of them. Learned court also failed to consider the fact that currently we are
facing unprecedented time of pandemic and several members of legal fraternity have even lost their lives.
4. Learned counsel for the revisionist confined his prayer only the extent that this Hon’ble Court
may kindly direct the learned Court below to give an opportunity to the applicant’s/revisionist counsel to cross-examine the PW 2, 3 & 4 in the
learned Court below.
5. On this, learned State counsel raised no objection to the effect that the applicant-revisionist may be given an opportunity to cross-examine the PW2,
PW3 and PW4.
6. Having heard learned counsel for the parties, this Court is of the opinion that in the interest of justice, the revisionist should be given an opportunity
to cross examine PW 2, 3 & 4, on payment of cost of Rs. 5000/-.
7. Accordingly, the present revision is allowed. The order dated 04.12.2021 passed by the learned Special Judge (POCSO)/Additional Sessions Judge,
Dehradun is quashed. Learned Court below is directed to provide an opportunity to the applicant-revisionist to cross-examine PW 2, 3 & 4 on payment
of cost of Rs. 5000/-.
8. Pending applications stand disposed of.
