Patasi and two other witnesses who are as good as Manrupa, and whose statements, in our opinion, are true. Therefore the Magistrate ordered the discharge of Ruggha, as he obviously could not be cross-examined in that state. Ultimately it is a matter for the discretion of counsel for the prosecution and though a Court ought, and no doubt will, take into consideration the absence of witnesses whose testimony would be expected, it must judge the evidence as a whole and arrive at its conclusion accordingly taking into consideration the persuasiveness of the testimony given in the light of such criticism as may be levelled at the absence of possible witnesses. Thereafter, Manrupa was asked to go in and find out what had happened to Mst. He says that he had come to purchase Ghee and was sleeping at the house of the accused when the incident took place. The court could have act-. The explanation to this however is simple, namely that the accused had jumped into the Bara which is towards the west of Mst.
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On that point, as we have already said, the most important evidence was that of Manrup. Further, according to the evidence of these prosecution witnesses, the man named by them as Bhika was sitting at the Hatai with these people, while the statement of Bhika Vishnui D. The very fact that these witnesses say that immediately after Ania had been caught Manrupa and Ruggha took interest on his behalf and wanted to compromise even before the husband of Patasi came back shows that this defence is false.
The evidence of these witnesses as well as of the other defence witnesses is open to the criticism that no attempt was made, when the prosecution witnesses were under cross-examination, to put the story that these witnesses have given in court.
The same view was manrkpa in Lachmi Narain's case. These two witnesses also have no reason to implicate the accused falsely. So far as the right is concerned learned counsel relies on the case of S. Therefore the Magistrate ordered the discharge of Ruggha, as he obviously could not be cross-examined in that state. We may in this connection refer to a number of cases of other Courts, where it has been held, and if we may say so with respect rightly held, that an accused has a right of cross-examination even when the witnesses have been examined under Section Cr.
He says that he had come to pay rent, while Panna and Mangilal say that he had come to sell wheat. Therefore, the best course that the accused could take was to run to the south in the hope that he might escape that way and come to his house by a manrpua way.
The case relates to an incident which took place on the night between the 24th and 25th May, He is the man who is admitted by both the parties to having been sent to fetch Chhela, husband of Mst.
Patasi that somebody was beating her, he ran up to the house of Mst. This is an appeal by the State against the acquittal of Gajraj accused by the Sub-divisional Magistrate of Jodhpur. Patasi were not even questioned about the story put forward by the defence that it was Ania who had jumped over the wall of. Thereafter, Gajraj wanted to have sexual intercourse with her; but she was not willing.
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Cites 10 docs - kanrupa View All ]. On hearing the shouts raised by Mst. Patasi, and we accept her statement as correct. Try out our Premium Member services: He however held that the accused had no absolute right to cross-examine before the framing of the charge, but added that the Magistrates would generally be exercising a proper discretion if they permitted some cross-examination at least at that stage.
We now propose to deal with the evidence which has been led by both sides in this case. It has been urged that some witnesses particularly Manrupa have not been produced.
The court could have act. She was sleeping when at about 10 P.
There is no reason why he should not have seen this. We, therefore, allow the appeal, set aside the order of acquittal passed by the trial court, and convict Gajraj accused under sections and of the Indian Penal Code.
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We find however that Bhika Vishnui does not belong to this village. The Magistrate was particularly impressed by the evidence of Bhika Vishnui D. We may now turn to the evidence produced by the defence.
These two persons along with Manrupa were sitting at the 'Hatai'. The explanation to this however is simple, namely that the accused had jumped into the Bara which is towards the west of Mst. manrup
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Thereupon, all these people got angry with him and falsely implicated him in this case. The accused pleaded 'not guilty', and majrupa up a story of his own, which is in many respects similar to the story for the prosecution.
In that case, the witness was said to be seriously ill and a medical certificate was produced, and thereupon he was not produced for cross-examination.
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