A defendant's right to a fair trial includes effective legal representation, necessitating unrestricted cross-examination by counsel.

ORDER

Dated this the 17^th day of February, 2026 The accused in S.C. No. 833 of 2019 on the file of the Fast Track Special Court, Aluva, arising from Crime No. 91 of 2019 of Infopark police station, has filed this petition under Section 528 of the B.N.S.S. , being aggrieved by the condition imposed by the learned Special Judge while allowing the application filed by him under Section

311 of the Cr.P.C.

2. The petitioner faces trial for the offences punishable under Sections 420 and 376 of the IPC. According to the petitoner, on the date when the victim was examined as PW1, his counsel was absent as he relinquished his vakalath. Though he sought for adjournment, the learned Special Judge rejected his prayer and he was forced to cross examine the witness in person.

3. Subsequently, he engaged a new lawyer and filed an application under Section 311 of the Cr.P.C., praying for recalling PW1 and permitting him to cross examine PW1 further. Though the learned Special Judge allowed the said application, a condition was imposed to the effect that he would be permitted to cross examine “ only to cover

4. According to the learned counsel for the petitioner, the petitioner is a layman and not a law graduate and that he was forced to cross examine the victim as he had no other option. Therefore, according to the learned counsel, if the petitioner is not permitted to cross examine PW1 with respect to the entire chief examination, the same will adversely affect his interest and will cause prejudice to him.

5. On a perusal of Exhibit A3, the deposition of the victim also it is prima facie revealed that the questions put by the petitioner are of the standard of a layman and as such unless his counsel is permitted to cross examine PW1 with regard to the entire evidence adduced during the chief examination, the same will cause prejudice to the petitioner.

In the result, this Crl.M.C. is allowed. The condition imposed by the learned Special Judge in Exhibit A3 order restricting him to cross Sd/-

C. PRATHEEP KUMAR, JUDGE NJ