Case Note & Summary
The petitioner, an accused in Special Case No. 46/2008 before the Children's Court at Porvorim, Goa, challenged the order dated 18.11.2009 passed by the learned President of that Court. The impugned order closed the cross-examination of prosecution witness No. 1 (PW1) and rejected the petitioner's prayer for time to cross-examine. The case was originally posted on 2.11.2009, when the petitioner and complainant were present, and was adjourned to 18.11.2009. On that date, the petitioner sought time to cross-examine PW1 on the ground that he had filed an application questioning the jurisdiction of the Children's Court. The trial court rejected the prayer, noting that the witness had been bound over on the previous date. The High Court held that while the ground for seeking time may not have been valid, the trial court should have granted a last opportunity for cross-examination in the interest of justice. The High Court set aside the order to the extent it closed cross-examination and directed the Children's Court to fix a date for cross-examination of PW1 before examination of other witnesses begins. The petition was allowed, and rule was made absolute.
Headnote
A) Criminal Procedure - Right to Cross-Examine - Fair Trial - The accused has a right to cross-examine prosecution witnesses, and the trial court should grant a last opportunity for cross-examination in the interest of justice, even if the accused sought time on a ground that may not be tenable. (Paras 2-3) B) Children's Court - Jurisdiction - Adjournment - The filing of an application questioning jurisdiction does not automatically entitle the accused to adjournment, but the court must balance the right to cross-examine against procedural efficiency. (Para 3)
Issue of Consideration
Whether the trial court was justified in closing the cross-examination of PW1 and rejecting the accused's prayer for time to cross-examine the witness.
Final Decision
The High Court allowed the petition, set aside the order closing cross-examination of PW1, and directed the Children's Court to fix a date for cross-examination of PW1 before examination of other witnesses begins. Rule made absolute.
Law Points
- Right to cross-examine
- fair trial
- opportunity of hearing
- adjournment for cross-examination
