Criminal Procedure Code, 1973 – Section 303, 309 – Right of accused to representation by pleader of choice – Cross-examination by Expert – The accused sought permission to cross-examine a witness through an independent handwriting expert, which was denied by the Trial Court.The Trial Court held that only the accused or their counsel could conduct cross-examination, not an independent expert.
Section 303 of the Cr.P.C. confers the right upon the accused to be defended by a pleader of their choice.
The term “pleader” includes any person appointed with the permission of the court, but such permission must be for the whole duration of the trial and cannot be to cross-examine a particular witness.
Granting permission to cross-examine specific witnesses through independent experts would lead to undue prolongation of the trial and chaos.The Trial Court’s refusal to grant adjournment for cross-examination by an independent expert was justified under Section 309 of the Cr.P.C. However, considering the nature of the offences, the petitioners were granted one opportunity to cross-examine the witness through a pleader of their choice, subject to payment of costs. (Para 23)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 381 HP
[2023 HHC 13948]
Rakesh Narula And Others Vs. Cbi And Others
Cr. MMO No.1036 of 2023-Decided on 8-12-2023
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