Law: Criminal Procedure Code (V of 1898)

Section: 265-F

Criminal Procedure Code (V of 1898)--- ----S. 265-F---Evidence of prosecution---Closure of right of cross examination assailed order of Trial Court whereby his right of cross-examination was closed---Effect---Record showed that during the proceedings the prosecution examined ten witnesses---Examination-in-chief of three prosecution witnesses was recorded on 14.2.2018 and that of one prosecution witness on 8.11.2018 but their cross-examination was reserved on the request of the defence---Trial Court afforded a number of opportunities to the petitioners to produce their counsel and cross-examine the said witnesses but they did not---Eventually due to their contumacious conduct, Court closed their right of cross-examination---Validity---Fair trial was central to the administration of justice---Right to cross-examine the witnesses was a component of the right to a fair trial and is considered to be "the greatest legal engine ever invented for the discovery of truth"---In the present case, the petitioners used dilatory tactics from the very inception and hampered the trial---Most often petitioners did not produce their counsel on the pretext that he was busy elsewhere---Eventually, on 14.2.2018, the Trial Court recorded the examination-in-chief of complainant and two other prosecution witnesses did not cross-examine them and sought adjournment---On 7.3.2018, examination-in-chief of two witnesses was recorded while on 4.4.2018, 15.5.2018 and 8.11.2018, the statements of four more witnesses were put down did not cross-examine any of them and kept seeking adjournments due to non-availability of their counsel---Trial Court had given them warning on various dates of hearing but they fell on deaf ears---On 26.9.2019, when the petitioners again asked for adjournment, the Trial Court refused and directed them to cross-examine the witnesses then in attendance themselves did not do so, whereupon court closed their right to cross-examine qua them---Admittedly, there was no provision in the Criminal Procedure Code, 1898, which specifically empowered the Trial Court to guillotine the accused's right of cross-examination, however, that did not mean that petitioners could abuse…

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