#Right to Cross-Examination

Karnataka High Court quashed a trial court order rejecting recall of witnesses under Section 311 CrPC, ruling that technical glitches during video conferencing deprived the accused of effective cross-examination. The court remanded the matter for fresh consideration with costs, reinforcing that fair trial rights prevail over procedural formalities.

The Karnataka High Court has ruled that denying cross-examination of witnesses in a Motor Accident Claims Tribunal proceeding due to pandemic-related delays violates natural justice and renders the award void. This sets a critical precedent: procedural fairness in compensation cases cannot be sacrificed for administrative convenience, even during emergencies, affecting claimants, insurers, and tribunals nationwide.

Bombay High Court acquitted three accused in a POCSO case, ruling that evidence untested by cross-examination cannot sustain a conviction. The judgment reinforces that procedural compliance with cross-examination rights is mandatory for a fair trial under criminal law, directly impacting prosecution strategies in POCSO and other criminal cases.

The Rajasthan High Court has ruled that closing cross-examination of a complainant solely because the juvenile accused’s counsel was absent violates the fundamental right to a fair trial under the Juvenile Justice Act. This sets a critical precedent that procedural lapses by defense counsel cannot override the child’s constitutional right to confront witnesses, reinforcing that juvenile proceedings demand heightened procedural safeguards.

The Madhya Pradesh High Court has ruled that closing a defendant's right to cross-examine a witness due to counsel's unavoidable absence caused by a family accident violates natural justice and procedural fairness under CPC Order XVII. This sets a critical precedent for trial courts to accommodate genuine personal emergencies without compromising fair trial rights, especially in civil disputes involving property rights.

Madras High Court reduces excessive costs imposed for recalling witnesses in POCSO trial, affirming right to effective cross-examination under Section 311 CrPC.