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2017 (1) TMI 1497

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..... ner has committed the offence or not. Resultantly, the impugned order dated 3rd November, 2016 is hereby set aside and the petitioner is given right to further cross-examine PW-9 who shall be confining his questions with regard to the nature of weapon used. - CRL.M.C. 169/2017 - - - Dated:- 16-1-2017 - I.S. Mehta, J. For Appellant : Sumita Kapil, Adv. with Poojaswami, Adv. For Resp .....

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..... Sameer Saifi was examined as PW-9 before the Trial Court and was cross examined on 12th April, 2016. She has further submitted that later it was transpired that certain questions regarding the nature of weapon could not be put to PW-9 and has submitted that the cross-examination of PW-9 is sine qua non. She has further submitted that to meet the ends of justice, the impugned order be set aside and .....

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..... ng of PW-9 on the point of nature of weapon used. I am of the considered view that the conclusion given by the Court below is not correct as it is the cross-examination which forms the evidence and on the basis of evidence available on record; it is to be determined whether the petitioner has committed the offence or not. 6. Resultantly, the impugned order dated 3rd November, 2016 is hereby set .....

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