Case Note & Summary
The petitioner, Vinod s/o Vikram Paithankar, is facing trial in Special Case (child) No. 10 of 2018 for offences under Sections 376(2)(i), 323 read with Section 34 of the Indian Penal Code, and Sections 4, 5(m), 6, and 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The charge was framed on 12.03.2018 and altered on 12.02.2020. The prosecution led evidence of the victim and others, and closed its case. The matter was listed for hearing on 17.02.2021. During the arguments of the Public Prosecutor, the petitioner came to know that the trial court had exhibited the statements of witnesses recorded under Section 164 of the Code of Criminal Procedure (CrPC) without giving notice to the petitioner. The petitioner filed an application (Exh. 135) for recalling witnesses for cross-examination in light of their Section 164 statements. The trial court rejected that application. The petitioner then filed the present criminal writ petition seeking to set aside the exhibition of those statements (Exh. 116 to 122) and to permit cross-examination of the witnesses on their Section 164 statements. The High Court held that the trial court's unilateral exhibition of Section 164 statements without affording the accused an opportunity to cross-examine the witnesses on those statements violates the principles of natural justice and fair trial. The court allowed the petition, set aside the impugned order, and directed the trial court to permit the petitioner to cross-examine the witnesses on their Section 164 statements, subject to the petitioner paying costs of Rs. 5,000 to the respondent.
Headnote
A) Criminal Procedure - Fair Trial - Right to Cross-Examination - Section 164 CrPC - Statements recorded under Section 164 CrPC cannot be exhibited without the accused being given an opportunity to cross-examine the witnesses on those statements - The trial court's unilateral exhibition of such statements without notice to the accused violates principles of natural justice and fair trial - Held that the accused is entitled to recall witnesses for cross-examination on their Section 164 statements to ensure a fair trial (Paras 1-10).
Issue of Consideration
Whether the trial court's unilateral exhibition of statements recorded under Section 164 CrPC without giving the accused an opportunity to cross-examine the witnesses on those statements violates the principles of natural justice and fair trial, and whether the accused is entitled to recall witnesses for cross-examination on those statements.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 25.02.2021, and directed the trial court to permit the petitioner to cross-examine the witnesses on their Section 164 CrPC statements, subject to payment of costs of Rs. 5,000 to the respondent.
Law Points
- Fair trial
- Right to cross-examination
- Section 164 CrPC statements
- Exhibition of documents without notice
- Recalling witnesses for cross-examination
- POCSO Act
- 2012
