1 APEAL 1371 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1371 OF 2011 WITH CRIMINAL APPLICATION NO.1398 OF 2011. Ashish Laxman Pawar .. Appellant. -versus The State of Maharashtra .. Respondent. Mr. S. V. Kotwal, i/b Mr. U. N. Tripathi, for the applicant. Ms. R. M. Gadhavi, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 2nd December, 2011 P.C. 1. Heard learned counsel for the appellant. 2. Admit. 3. This appeal is taken up for hearing by consent without calling for the record and proceeding because of peculiar circumstances in which the Sessions Case came to be disposed of by the learned trial judge. Since matter was according to trial Judge expedited by the orders of this Court. Learned trial Judge refused to adjourn the matter. He was right in doing so. Learned counsel for the appellant declined to cross examine the witnesses present. This is how after examining three witnesses, i.e. complainant, the Investigating Officer and a Doctor, the learned trial Judge disposed of the 2 APEAL 1371 OF 2011 case convicted the appellant for the offence punishable under Section 397 of the Indian Penal Code, sentencing him to suffer R.I. for 7 years. 4. In order to afford an opportunity to the accused to participate in the trial, this judgment and order is set aside and the matter is remanded back to the learned trial Court, with direction to permit the accused to cross examine witnesses examined by recalling them and also to permit the prosecution to examine additional witnesses if any, which have been already named in the chargesheet and to complete the trial as early as possible, preferably within a period of one month. 5. Appeal and Criminal Application No.1398, are disposed of accordingly. (R. C. CHAVAN, J.)