VidhiSangh

Supreme Court of India · 30/10/2018

STATE OF KERALA versus RASHEED

[2018] 13 S.C.R. 587 · 2018 INSC 1021

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court restored refusal to defer cross-examination where the accused offered only a general assertion that his defence strategy would be disclosed. Section 231(2) conferred judicial discretion, not a right to wholesale postponement. Courts must balance demonstrated prejudice, tailoring of testimony, witness intimidation, memory and delay. The High Court supplied no reasons to reverse the trial judge. Practice directions required advance calendars, proximate examination dates and witness protection, without prejudging the trial.

Issues

  1. Whether the accused had shown sufficient grounds to defer cross-examination.
  2. What considerations govern discretion under Section 231(2).
  3. What scheduling safeguards should accompany deferral.

Provisions considered

Held

Result

State’s appeal allowed. High Court order set aside; Additional Sessions Judge’s rejection of deferral restored. Practice guidelines issued, with merits of the criminal trial unaffected.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 587.