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Pankaj vs. State of Rajasthan

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Code of Criminal Procedure, 1973–Sec. 391–Evidence Act, 1872–Sec. 138–Appellant was not represented by the counsel when the statements of material witneses were recorded–Opportunity of cross-examination of witnesses was not provided to him–Gross failure of justice–It seriously prejudiced the defence of accused–By invoking the suo motu powers u/s. 391, directed to allow the appellant for cross-examination of witnesses.