KULBHUSHAN SHARMA Vs. STATE

JUDGEMENT

(1.) A case under Sections 366, 376 R. P. C. was registered against the petitioner, and two others at the police station Kothibagh, Srinagar, on the allegation that one Miss Nicoulid Hubberts had been kidnapped and raped at Gulmarg, After recording the evidence at the committal stage, all the accused persons were committed and sent up by the learned Chief Judicial Magistrate, Srinagar, to stand their trial before the learned Sessions Judge, Srinagar.

(2.) FROM the perusal of the record it appears that an application was made by the Public Prosecutor under Section 33 of the Evidence Act for admitting the previous deposition of Miss Nicoulid Hubberts and Mr. Bruce Frantizi P. Ws. in evidence at the trial. On these applications the learned Sessions Judge, Srinagar, vide his order dated 29th October, 1974 directed that the deposition of Mr. Bruce P. W. recorded by the committing magistrate would be read as evidence at the trial under Section 33 of the Evidence Act. With regard to Miss Nicoulid Hubberts, it was stated in the order that attempt should be made to secure her presence afresh. It is this order by which the previous deposition of Mr. Bruce was directed to be read as evidence in the trial under Section 33 of the Evidence Act which has been impugned before me by means of this revision petition.

(3.) I have heard the learned Counsel Mr. I, K. Kotwal appearing for the petitioner and Mr. Amar Chand, Addl. Advocate General for the State.