2022 S C M R 1360
Cross examination , right of — Scope — Right of cross – examination struck down by Trial Court due to non – appearance of counsel on several dates of hearing — Constitutionality — Fundamental right of fair trial which the Constitution guarantees is violated if any accused is deprived of the opportunity to cross – examine a witness deposing against him — Petition for leave to appeal was converted into appeal and allowed , and the Trial Court was directed to afford an opportunity to the petitioners to cross – examine the prosecution witnesses .
While deciding a criminal lis , the recording of evidence including the right of cross – examination of the witnesses , hearing of arguments and a reasoned judgment are the essential attributes of criminal justice system based on the Constitutional command .
The statements of witnesses and cross – examination is a vital part of the material , which forms part of evidence , therefore , in absence of such an important piece of evidence , the Court can not come to a just and fair conclusion .
Fundamental right of fair trial which the Constitution guarantees is violated if any accused is deprived of the opportunity to cross – examine a witness deposing against him .
In the present case , it would be in the interest of justice , if the petitioners ( accused persons ) are given the opportunity to cross examine the three prosecution witnesses , and by doing this no prejudice would be caused to the respondents ( complainants ) . Petition for leave to appeal was converted into appeal and allowed , impugned judgment was set – aside , and the Trial Court was directed to afford an opportunity to the petitioners to cross – examine the three prosecution witnesses
