A.M.SAPRE, INDU MALHOTRA
State of Kerala – Appellant
Versus
Rasheed – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The exercise of judicial discretion to grant or refuse a deferral under section 231 should be exercised only in special circumstances, with sufficient reasons provided by the party seeking the deferral (!) (!) (!) .
The trial court must consider specific factors when deciding on a request for deferral, including the potential prejudice to the party seeking it, undue influence, threats to witnesses, loss of witness memory, and trial delays (!) (!) (!) (!) (!) (!) .
The usual practice in criminal trials is to examine witnesses in the order of examination-in-chief, cross-examination, and re-examination, as per the relevant provisions of the Evidence Act and Criminal Procedure Code (!) (!) (!) .
The discretion under section 231(2) of the Cr.P.C. allows the court to defer cross-examination until other witnesses are examined, but this must be justified with sufficient reasons and is not a matter of right (!) (!) .
The discretion should be exercised sparingly and only in exceptional cases, especially where there is a risk of prejudice, undue influence, threats, or tampering with witnesses (!) (!) (!) (!) .
High courts have emphasized that deferral should not be granted solely based on relationships between witnesses or a general claim of prejudice without specific supporting reasons (!) (!) (!) .
Proper trial management involves preparing a detailed schedule of proceedings, including the order of witness examination, and ensuring that any deferred cross-examination is conducted promptly to prevent undue delay or influence (!) (!) (!) (!) (!) (!) (!) .
When considering a request for deferral, courts should balance the rights of the accused with the prosecution’s interest in a fair and efficient trial, ensuring that safeguards are in place to protect witnesses from undue influence or intimidation (!) (!) (!) .
In the specific case discussed, the court found that the high court's reversal of the trial court’s decision lacked sufficient reasoning, especially given the potential for undue influence due to the influential status of the accused, and therefore, the original order dismissing the deferral request was restored (!) (!) .
Overall, the guidelines stress that the decision to defer cross-examination must be carefully justified, considering the case-specific circumstances, and should aim to uphold the integrity of the trial while safeguarding witnesses (!) (!) (!) (!) .
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JUDGMENT
INDU MALHOTRA, J.
Leave granted.
1. The present Criminal Appeal arises out of Special Leave Petition (Crl.) No. 4652 of 2018 wherein the impugned Order dated January 9, 2018 passed by the High Court of Kerala in Criminal Miscellaneous Case No. 171 of 2018 has been challenged.
2. The relevant facts for deciding the present Criminal Appeal, are briefly set out below:
2.1. A First Information Report under Section 154 of the Code of Criminal Procedure, 1973 (“Cr.P.C.”) was registered at the instance of CW 1-Narayanan. According to the Original Statement provided by him to the Police, Krishnaprasad, who was the occupant of a flat in the building where CW 1-Narayanan was serving as a security guard, had called for an ambulance. Krishnaprasad, along with others, then carried an unconscious person out of the bathroom of the flat to the ambulance. The unconscious person was later identified to be Satheesan, who was declared dead on being taken to the hospital. CW 1-Narayanan then made a statement that Krishnaprasad had been staying in the flat for two months, and was a companion of the Respondent-Accused No. 2, Rasheed. It was alleged that the flat had been taken on rent by the Res
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