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Petitioner/
Accused.
Vs
State Rep. by
Inspector of Police.
Mohanur P.S.
..
Respondent/
Complainant
for further prosecution evidence i.e for the examination PW-13. In the
above case so for as many as twelve more prosecution witnesses i.e from
PW-1 to PW-12 has been examined in chief. Among them, PW-3 and
PW12 has been cross examined so far on the side of the
Petitioner/Accused.
3)
far. It is humbly and respectfully submitted that this Honble court may be
seen from the case file that the Petitioner/ Accused has been appearing
before this Honble Court for all hearings without fail even at least one
single hearing so far.
4)
to PW-3 was examined in Chief. Among the above said three witnesses
the PW-3 is the victim and she is a deaf and dumb girl. On that day
before ever starting the examination of witnesses, the then presiding
officer of this Honble court informed to the Petitioner/Accused that as the
PW-3 is a mute girl she would be examined with the assistance of one
C.K.Latha, by calling her as an interpreter of the sign languages. When
the said interpreter C.K.Latha was also present in the Court Hall.
5)
witnesses PW1 is the mother of the victim and defacto complainant, the
PW2 is the brother of victim and who is the person first seen the victim
after occurrence and also brought by and they are very important and
material witnesses in this case and their evidence as to the occurrence
would be very much important. Therefore it has become necessary to the
petitioner/accused
presence of witnesses PW-1 to PW-3 since they did not present the case
was again adjourned to seven more hearings for the same cause i.e. to
as CMP 1652016 and the case was then adjourned to 06.04.2016, and
further to 12.04.2016, 15.04.2016, and then to 20.04.2016. Finally on
20.04.2016
the
above
C.M.P.No:
1652016
filed
by
the
Accordingly the
appeal was filed before the Honble Judicature of Madras High Court and
numbered as Crl OP No: 127672016 and Crl M.P.No: 6671 to 2016.
12)
time did not want to consider about the hardships that would may cause
to the petitioner/accused in the event of admission of plea made by him in
the appeal filed before the Honble Judicature of High court of Madras.
On the contra this Honble court recorded as that the witness were not
cross examined even after sufficient opportunity
given to the
01.07.2016,
12.07.2016,
21.07.2016,
02.08.2016
and
03.08.2016 for the further prosecution witness of LW4 to LW6. But on all
those hearing no witnesses were present. On the other hand, the
Petitioner/Accused were present on above said all eight hearings without
fail.
13)
Further
it
is
submitted
that,
as
prayed
by
the
10.08.2016 and to 16.08.2016 for the examination of LW4 to LW6 and for
the cross examination of PW3 with the assistance of a qualified interpreter
as ordered and directed by this Honble High Court. Though the above
said three hearings the Petitioner/Accused was present neither the PW3
nor any qualified interpreter was present.
15)
annexure panel lawyers of district Legal Aid hence those are not experts in
sign language and not eligible to be an interpreter.
17)
Further
it is humbly submitted
as that
despite
all
represented before this Honble Court as that permit him to file a petition
with his agitations regarding the qualification of the interpreter and as to
the non compliance of the provisions of section 119 of Indian Evidence
Act, for which the Honble Court was pleased to grand permission and
asked Petitioner/Accused to file that petition at once. Hence the
petitioner/Accused, prepared the said petition in the open court at once.
But before submitting the said Petition by the Petitioner/Accused, the
Honble Court was pleased to cancel the bail of the Petitioner/Accused
and ordered to send him into judicial custody. All its culminate, this Honble
Court received the said petition after the Petitioner/Accused send to jail
and has endorsed in that petition as check and call on and adjourned the
case the same other day.
19)
26.08.2016, from on that date the case again adjourned to 30.08.2016 and
on date on which the above Petition filed by the Petitioner/Accused was
returned with remarks as following that,
(i) If the interpreter summoned as per direction of Honble high cort
is alleged to be not qualified, how this petition can be maintained before
this court to be stated
(ii) how a person without putting into witness box can be sworned to
be stated.
20)
10
21)
been
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the
miscellaneous
Petitions
which
were
filed
by
the
by
the
Petitioner/Accused.
25)
Further
by
recording
the
memo
filed
17.10.2016,
19.10.2016,
20.10.2016,
21.10.2016,
22.10.2016, all the above hearings neither the PW3 nor the interpreter
were present. Meanwhile on the side of Petitioner/Accused, a petitione
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was presented before this Honble Court, u/s. 311 of CrPC for recalling
the witness of PW1 and PW2 so as to enable to be cross examined them
along with PW3 in a same day, as all three witness are material one and
the statement and deposition about the factual matrix would be interlinked.
And also pleaded in that petition that if the PW3 alone cross examined
then it would pave way to the prosecution to use the PW1 & PW2 to fill
up the lacunas on the deposition of PW3. The above said petition was
numbered as CMP 5232016 and dismissed the same on 21.10.2016. In
the order of dismissal, this Honble Court did not discussed the said facts
on merit but has stated that there was no reason adduced by the
Petitioner/Accused for non-cross examining the witness on that date.
26)
13
27)
above said witness neither willful nor wonton, it has happened only due to
the reasons detailed hereinabove.
28)
said witness would certainly enable the Court to arrive the truth and to
avoid the failure of justice. Also, cross examination of the said witness by
the accused only would enable him to prove his defense and to disprove
the case of the prosecution. If the Petition is not allowed, it would cause
great injure to the Petitioner/Accused and also leads to failure of justice as
well.
30)
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is genuine one and only because of the reasons detailed above they were
not cross examined at that time of examination of chief itself. Those
reasons are also valued and well grounded.
32)
cross examine the said witness on any date convenient to this Honble
Court and for the witness, in the event of allowing Petition and recall the
witnesses.
33)
Namakkal
05.11.2016
15
Petitioners/
Accused.
Vs
State Rep. by
Inspector of Police.
Mohanur P.S.
..
Respondent/
Complainant
PETITION HUMBLY
SUBMITTED BY THE
PETITIONER UNDER SECTION
311 OF Cr.P.C.
By Counsel:
Ka. Jeyaprakash, B.A.,B.L.,
Advocate,
Namakkal.
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