Criminal Trial–Prayer for closing the evidence of witness for want of his presence–Rejected by trial Court with direction to prosecution that the correspondence be placed on record and the letter be written to concerned ministry–Justification–Earlier, the prayer for recording the evidence through Video Tele Conferencing had already been dismissed–Witness had also denied for comming India–Accuseds are in custody for more than eight years–Proceedings of the case have come to an impasse or dead end with practically no way to return–Report from expert of Laboratory of India is already before the trial Court–Asking the CBI to place on record the correspondence and directing to write letters in a particular manner was neither warranted nor justified as insistence to secure presence of witness in a way amounts to collection to evidence on behalf of prosecution which may give an impression of stepmotherly treatment to the accused–Directions for proceeding the matter on day to day have already been given–Held, order of trial Court to the extent of refusing to eschew the evidence of witness is liable to be set aside.
