Jasveer Singh vs State Of Rajasthan

Heard. Perused the material available on record.

The petitioner is facing trial in the court of learned Additional Sessions Judge, Deedwana, District Nagaur in Sessions Case No.24/12 for the offences under Sections 363, 366, 376(2)(g), 302/149, 147, 201 IPC.

The accused submitted an application citing about 14 witnesses to be summoned in defence at the trial.

Shri Choudhary, Advocate representing the accused petitioner submits that out of these 14 witnesses, witness Nos.11, 12 & 13, who are official witnesses may be summoned so that proper opportunity of defence can be made available to the accused and to this extent the impugned order whereby the prayer of the petitioner to summon these witnesses have been turned down may be quashed and set aside.

Learned Public Prosecutor and learned counsel representing the complainant do not dispute the fact that the accused has a fundamental and a legal right to lead his defence in a sessions triable offence.

In this background, the revision petition is allowed. The impugned order dated 31.08.2017 is set aside to the extent the prayer made by the accused for summoning the official witnesses cited as witness Nos.11, 12 and 13 in the application was rejected. These witnesses shall be summoned by way of defence witness. However, the prayer made in the application that these witnesses should come with documents allegedly saved in the computer inbox and outbox of the respective departments is not considered feasible because no such computer/s have been identified by the accused in his application. Thus, this prayer is turned down.

Ordered accordingly.