Samir Debnath v. The State of Assam and Anr

ORDER Date : 19.12.2024

¶1Heard Mr. A. K. Gupta, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public prosecutor for the State of Assam.

¶2This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, challenging the order dated 04.12.2024 passed by learned Additional Sessions Judge cum Special Judge (POCSO), Tinsukia in POCSO Case No.55/2024.

¶3The present petitioner is facing the Trial before the Court below, he is in jail and he was earlier represented by a Legal Aid Counsel. Witnesses were examined and the petitioner attempted the trial by Video conferencing.

¶4The learned Trial Court agreed with the respondent No.2 and allowed her prayer.

¶5Three prosecution witnesses were examined, after that the petitioner engaged the personal lawyer, the new lawyer discovered that many relevant questions were not put to the witnesses therefore he filed an application under Section 311 of the Code of Criminal Procedure praying to recall those witnesses for further cross-examination by the new counsel.

¶6The Trial Court rejected the said prayer. .

¶7I have gone through the impugned order.

¶8The reason in which the said application was rejected need not to be mentioned in the said order.

¶9I have considered the submissions made by the learned counsel for both the sides.

¶10This Court is of the opinion that the learned Trial Court did not exercise a judicial Page No.# 3/3 mind, while rejecting the prayer of the petitioner.

¶11This court is satisfied that many important questions were not put to the three witnesses, who are already discharged after cross-examination.

¶12It is a matter of administration of justice therefore the petitioner be given fair opportunity to defend himself. For this reason the impugned order is set aside.

¶13The Trial Court is directed to recall the PW-1, PW-2 and PW-3 for cross-examination by the newly engaged counsel.

¶14With the aforesaid direction, the Criminal petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010271432024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1558/2024o SAMIRoDEBNATHo S/OoLATEoPRANoHARIoDEBNATHo R/OoMISSIONPARA,oTINSUKIA,P.S.oANDoDIST.oTINSUKIA,oASSAMo PIN-786125 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPP,oASSAM 2:SMT.oKHUSBOOoDEBNATH oW/OoSRIoSAMIRoDEBNATHo PRESENTLYoRESIDINGoAToBALUGADAoSABJIBARI oTINSUKIA oP.O. oP.S.oANDoDIST.oTINSUKIAo AdvocateoforotheoPetitionerooooo:oMR.oAoKoGUPTA,oMR.oRoKoMAHANTA,MR.oRoSoMISHRAo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA