Vadodara: Two Ahmedabad residents who faced the trial for rape and cheating in the session court in Savli Taluka from Vadodara District was sent back to prison when their lawyers failed to appear during one of the hearings.
Both of them accused Malay Patel, a resident of Viramgam, and Bharat Desai, who lived in Mengagar, each of which was above the guarantee since February and March this year.
During his hearing last week, the defendant moved the delay application stating that their lawyer n Rasam was busy with several death rituals.
Two doctors, who are important witnesses from this case must be examined during the trial.
When getting a delay application, the additional district judge court was a J right to tell the allegations that the two doctors came far from the city of Vadodara and the reason equipped for the delay was not original.
The court asked them to call their lawyer or advocate proxy to check the two witnesses.
However, when a lawyer does not appear even after waiting, the court closes cross-examination rights.
The court did not limit his actions to cover the right to cross-examination, but also referred to the 2001 notification of the Gujarat High Court regarding delays.
The court recorded that during the previous trial in July it was repaired that the two doctors and a police officer would be examined in the next hearing and the call was also issued, which was realized by the advocates.
“Today, the witnesses attended the court, but there was no sincerity, to carry out a cross-examination of eyewitnesses was indicated by the defendant or their advocate and when the provisions of the part 309 CRPC (the power to delay or violate the process) was explained for the defendant, the defendant Second (Desai) has shown his pride in the courtroom, “said the court in his order.
Also called that enough time was given to call advocates, but no one appeared.
“The doctor’s witness stood in the witness box for a cross and behavior and such behavior and situation was very painful and at all can not be justified,” said the court.
Referring to the provisions of Part 309 CRPC notifications and the High Court, the court canceled the duo guarantee and ordered to demand them.
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