Case Law Analysis
|Uttarakhand High Court
Section 311 CrPC | Right to Cross-Examine Prosecution Witnesses is Fundamental to Fair Trial Under Article 21 : Uttarakhand HC
Uttarakhand High Court ruled that denying an accused the right to cross-examine prosecution witnesses under Section 311 CrPC violates the fundamental right to a fair trial under Article 21. The court set aside the trial court's dismissal of the application, directing recall of witnesses for cross-examination in a POCSO case, emphasizing that this right is substantive and not merely procedural.