Lawyer’s delay tactics in rape case is professional misconduct, says HC

Lawyer’s delay tactics in rape case is professional misconduct, says HC 

TIMES NEWS NETWORK  BHOPAL 08.11.2024

Bhopal/Jabalpur : The MP high court ruled that a lawyer “abusing the process of the court is professional misconduct,” as it upheld a sessions court order to deny a defence lawyer in a rape case the chance to cross-examine the complainant after he failed to do so on three hearings on one pretext or another. The petitioner, Tulsi Ram Lodhi from Raisen district, said one of his relatives lodged an FIR accusing him of rape. Based on her report, a charge sheet was presented against him in the sessions court, where the trial in the case is in progress. Lodhi said he was 80 per cent disabled and uses crutches to walk. The high court observed that the complainant appeared in the trial court for deposition and crossexamination in Feb 2024. After her deposition, counsel for the accused sought time to crossexamine the complainant. In the same month, she appeared in the court again for crossexamination, but counsel for the accused again sought time to cross-examine her. 

When she appeared in court on the third occasion, the accused informed the court that he changed his lawyer. His lawyer again sought more time to cross-examine the woman on the pretext that he was not prepared to do it then. Following this, the trial court decided to proceed with the trial without cross-examination of the complainant. The bench of Justice GS Ahluwalia said the petitioner knew about the hearing date and should have ensured that the lawyer was changed well in advance so that he had a chance to prepare himself to carry out the complainant’s cross-examination.