Case Note & Summary
The appellant, Govindaraju @ Kutti, was convicted by the LIII Additional City Civil and Sessions Judge, Bangalore, in Special CC No.527/2016 for offences punishable under Sections 448 (house-trespass) and 376 (rape) of the Indian Penal Code, 1860, read with Section 5(j)(ii) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). He was sentenced to imprisonment for life and a fine of Rs.50,000/-. The appellant filed a criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the judgment of conviction and order of sentence dated 14.03.2018. The High Court admitted the appeal on 20.02.2020. During the hearing of an application for suspension of sentence and bail, the appellant's counsel pointed out that the accused was not given any opportunity to cross-examine any of the prosecution witnesses before the trial court. The High Court, with the consent of the learned High Court Government Pleader, found that this denial violated the principles of natural justice and the right to a fair trial. Consequently, the court set aside the conviction and sentence, and remanded the matter back to the trial court for fresh disposal, directing that the accused be given a fair opportunity to cross-examine the prosecution witnesses. The court also ordered that the accused be released on bail pending the fresh trial.
Headnote
A) Criminal Procedure - Right to Cross-Examine - Fair Trial - Section 374(2) Code of Criminal Procedure, 1973 - The appellant-accused was convicted under Sections 448 and 376 IPC r/w Section 5(j)(ii) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012, but was not given any opportunity to cross-examine the prosecution witnesses. The High Court held that this denial violated the principles of natural justice and fair trial, and set aside the conviction and sentence, remanding the matter for fresh trial. (Paras 1-3) B) Criminal Law - POCSO Act - Aggravated Penetrative Sexual Assault - Sections 5(j)(ii) and 6 Protection of Children from Sexual Offences Act, 2012 - The trial court convicted the accused for aggravated penetrative sexual assault under the POCSO Act along with IPC offences. However, due to the procedural irregularity of denying cross-examination, the High Court set aside the conviction without addressing the merits of the evidence. (Paras 1-3)
Issue of Consideration
Whether the conviction of the appellant-accused is sustainable when he was not given an opportunity to cross-examine any of the prosecution witnesses before the trial court.
Final Decision
The High Court allowed the appeal, set aside the judgment of conviction and order of sentence dated 14.03.2018, and remanded the matter to the trial court for fresh disposal. The accused was ordered to be released on bail pending fresh trial.
Law Points
- Right to cross-examine witnesses
- Natural justice
- Fair trial
- Section 374(2) CrPC
- Section 448 IPC
- Section 376 IPC
- Section 5(j)(ii) POCSO Act
- Section 6 POCSO Act
