Bhopal/Jabalpur: In a recent judgement, the MP high court set aside the order of a special POCSO court in Rewa district which rejected the application of the accused to call some prosecution witnesses in the case for examination including the expert, who made the DNA report in the case.
Hearing the appeal of the accused against the trial court order, the bench of Justice A K Singh of MP high court observed "Justice delayed is justice denied but it has to be read conjointly with justice hurried is justice buried. The trial court at Sirmour in Rewa district had rejected the application of the accused twice on the ground that the case in question is among 100 oldest cases of the district and the high court has asked for disposal of all such cases within six months. The court while rejecting the application of the accused further asked why he didn't move the application earlier and contended that the report of a forensic expert is admissible without formal proof under section 293 of the CrPC.
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The judge said that the order of the trial Court cannot be sustained and is set aside. The trial Court is directed to call the expert witness and other witnesses, as prayed, in the applications disposed of on August 28, 2024 and Sept 3, 2024 and record their statements as per law and thereafter to proceed further and decide the case finally. With the aforesaid observation and direction, this revision stands disposed of.