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Suresh Ram P. A, Son Of Ashokan Vaidyar – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the order dated 23.02.2024 in C.M.P. No.690/2024 in C.C. No.159/2017 on the files of the Judicial First Class Magistrate Court-IX, Ernakulam. The petitioner herein is the accused in the above case.
2. Heard the learned counsel for the petitioner, learned Public Prosecutor, in detail. Also heard the learned counsel appearing for the 3rd respondent/defacto complainant. Perused the relevant materials available.
3. In this matter, the prosecution alleges commission of offences punishable under Sections 498(A), 420, 494, 354A(i)(iii) of Indian Penal Code.
4. As borne out from the prosecution records, it is noticed that PW1 was originally examined on 19.01.2018, PW2 on 26.02.2018, PW3 and PW4 on 18.04.2018, PW8 on 01.11.2021 and PW9 and PW10 on 02.08.2023. But, none among the said witnesses were cross-examined by the petitioner, who is the sole accused therein. Earlier as on 04.06.2018, the petitioner filed a petition under Section 311 of Cr.P.C. before the trial court, to recall PWs 1 to 4. The same was allowed on payment of cost of Rs.1,000/- each to the fo
The court emphasized the right to a fair trial, allowing the accused to recall witnesses for cross-examination despite previous failures, under specified conditions.
Cross-examination is fundamental for a fair trial, and the court must balance the rights of both the accused and the victim when permitting recall of witnesses.
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