AI Overview...
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Right to Cross-Examine - The courts have emphasized that the accused's right to cross-examine the complainant is fundamental for a fair trial. Denial of this opportunity can lead to a case being remanded or the conviction being set aside. For instance, in cases under POCSO and sexual offences, infringement of the right to cross-examine has resulted in remand or acquittal. Murugesan vs State, Represented by The Inspector of Police, Eriyur Police Station, Dharmapuri District, (Crime No.161 of 2022) - Madras, Murugesan vs State Represented by The Inspector of Police - Madras, Jasvir Singh VS State of Punjab - Punjab and Haryana
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Impact on Trial and Remand - When the accused has not been given a chance to cross-examine the complainant, courts have shown inclination to remand the case back to the trial court to ensure fairness. The absence of cross-examination can undermine the credibility of evidence and the integrity of the trial process. Murugesan vs State, Represented by The Inspector of Police, Eriyur Police Station, Dharmapuri District, (Crime No.161 of 2022) - Madras, Murugesan vs State Represented by The Inspector of Police - Madras, Jasvir Singh VS State of Punjab - Punjab and Haryana
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Court's Power to Intervene and Decision on Remand - The revisional courts typically do not interfere with decisions unless there is a violation of fundamental rights, such as the right to cross-examine. If the trial court's decision is found to infringe upon this right, the court may remand the case for a fresh trial. Don Paul S/o Paul Paul VS State of Kerala Rep. by the Public Prosecutor, High Court of Kerala - Kerala, Murugesan vs State, Represented by The Inspector of Police, Eriyur Police Station, Dharmapuri District, (Crime No.161 of 2022) - Madras
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Seeking Remand Before Trial Court's Decision - The general legal principle suggests that if the accused has not cross-examined the complainant, they can seek remand or review of the case, especially if the infringement affects the fairness of the trial. However, the remand decision is ultimately at the discretion of the appellate or revisional court, based on whether the right to a fair trial has been violated. Murugesan vs State, Represented by The Inspector of Police, Eriyur Police Station, Dharmapuri District, (Crime No.161 of 2022) - Madras, Murugesan vs State Represented by The Inspector of Police - Madras
Analysis and Conclusion:
The legal rulings indicate that an accused who has not been given an opportunity to cross-examine the complainant can indeed seek remand or review of the case. The courts prioritize the right to a fair trial, and failure to allow cross-examination is grounds for remanding the case to ensure this right is upheld. Therefore, before the trial court's final decision, the accused can request remand if their right to cross-examine has been violated, and appellate courts may intervene accordingly.
Search Results for "Accused has Not Cross Examined the Complainant before Trail Court can he Seek Remand Decision"
2025 Supreme(Online)(Mad) 69864 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR
... ... Ratio Decidendi: The court reasoned that the right of the accused to cross-examine witnesses is fundamental to a fair trial ... of Children from Sexual Offences Act - Sections 5(m), 5(n), 6(1), 33(5) - Criminal Procedure Code - Section 311 - Conviction of accused ... under POCSO for 20 years RI and fine - Appeal against conviction based on denial of opportunity to cross-examine victim - Court ... Thus, we are inclined to remand#HL_....
2020 0 Supreme(Ker) 948 • India - Kerala
ALEXANDER THOMAS
Finding of the court: The trial court has rendered its decision by passing orders on ... by the trial court, it may not be proper for the Revisional Sessions Court to interdict in the matter-The interdiction made by the ... the application filed by the prosecution agency, by itself cannot be the basis to interdict the said decision as the said decision ... complainant nor the accused or for that matter the prosecu....
2025 Supreme(Online)(Mad) 70512 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Nirmal Kumar
This case illustrates the need for careful balancing between the rights of the accused and those of the child victim under the law ... court's conviction was overturned due to infringement of the appellant's right to cross-examine the victim, highlighting that denying ... The victim's testimonies exhibited contradictions, and the trial court restricted the recall for cross-examination, particularly ... Thus, we are inclined to remand the case back to the trial Court t....
2019 0 Supreme(HP) 968 • India - Himachal Pradesh
SURESHWAR THAKUR, ANOOP CHITKARA
Final Decision: The Court allowed the appeal, set aside the judgment of conviction and sentence, and acquitted the accused ... SEAL TO SOME INDEPENDENT WITNESS - HANDING OVER OF THE FURTHER INVESTIGATION TO SOME OTHER INVESTIGATING OFFICER - PRODUCTION OF ACCUSED ... The Court held that the evidence of the police officials was not trustworthy or reliable and that the possibility of the investigating ... Reason for the father of the accused calling him is that he runs....
2023 0 Supreme(P&H) 1782 • India - Punjab and Haryana
HARSH BUNGER
of complete examination-in-chief and cross-examination of the key witness prejudiced the accused. ... ... ... Ratio Decidendi: The court reinforced that the trial should safeguard the rights of the accused and provide a platform for ... a retrial in exceptional cases to prevent the failure of justice, emphasizing that a fair trial is crucial for both the accused ... Since PWI ASI Kuldeep Singh is not subjected to cross examine any document proved b....
2019 0 Supreme(HP) 1726 • India - Himachal Pradesh
SURESHWAR THAKUR, ANOOP CHITKARA
Final Decision: The court allowed the appeal, set aside the conviction and sentence, and acquitted the accused. ... to inform the accused of their right to be searched before a Magistrate or a Gazetted Officer. ... PROVE THE LINK EVIDENCE - HELD, THE PROSECUTION FAILED TO PROVE ITS CASE BEYOND REASONABLE DOUBT - CONVICTION SET ASIDE AND THE ACCUSED ... Reason for the father of the accused calling him is that he runs a tea stall at the same place, which is adjacent to the hotel of the....
2014 0 Supreme(Del) 2276 • India - Delhi
PRATIBHA RANI
Final Decision: The appeal was dismissed, and the appellant's conviction and sentence were upheld. ... Finding of the Court: The court found the testimonies of the daughters credible, corroborated by medical evidence, ... Ratio Decidendi: The court emphasized the weight given to the evidence of victims of sexual assault, especially in the absence ... The Appellant was arrested and after completion of investigation, chargesheet was filed in the Court. The learned Trial Court #HL_ST....
2020 0 Supreme(All) 758 • India - Allahabad
RAJEEV MISRA
accused have been summoned without deciding the protest petition filed by complainant against the third final report is a ground ... – Issue can be examined from another angle also – A subsequent 482 Application is maintainable provided new facts have emerged – ... -Kotwali Bareilly, District- Bareilly, whereby application filed by Complainant-Opposite Party No.2, Nirmal Singh Garewal, to the ... P.C. the accused has a right to cross-examine the witnesses and in the m....
2013 0 Supreme(AP) 911 • India - Andhra Pradesh
U.DURGA PRASAD RAO
requires corroboration on material particulars---However, when a witness submits cogent explanation to the satisfaction of the Court ... under what compelling circumstances he had earlier given a statement which is different from version in his evidence subsequently, Court ... The above is precisely the evidence of PW.1 regarding the demand and acceptance of bribe by accused. His evidence could not be shattered in the cross examination. ... PW.1 Boya Raghu Ramudu is the de facto #HL_ST....
2024 0 Supreme(All) 2455 • India - IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTH, VINOD DIWAKAR
(A) Indian Penal Code, 1860 - Sections 498-A, 304-B, 302 - Dowry related offenses - Acquittal of accused upheld by High Court due ... (Paras 1-10, 13, 15) ... ... Findings of Court: ... The trial court did not find sufficient evidence ... The accused were acquitted after trial, with the prosecution unable to satisfactorily prove its case. ... The complainant Nitish Rajbhar- deceased’s brother- was examined as PW-1. ... The prosecution ex....
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