NEW DELHI: The Supreme Court has dominated that separate trials should be carried out for cross-cases lodged by two events concerned in an offence, even when the prosecution witnesses are the identical for either side, as regulation prohibits considering proof in a single case for the cross-case.
Faulting the Madras HC for deciding two appeals arising from one incident and deciding it on the idea of proof recorded in a single case, a bench of Justices DY Chandrachud, Vikram Nath and BV Nagarathna stated, “As far as the regulation for trial of the cross circumstances is anxious, every case must be determined by itself benefit and the proof recorded in a single case can’t be utilized in its cross case.”
Justice Nath stated, “No matter proof is out there on the file of the case solely that must be thought of. The one warning is that each trials ought to be carried out concurrently or in case of the enchantment, they need to be heard concurrently.” In a customs seizure case, there have been two units of accused and the trial court docket had tried them individually and acquitted the accused. Nonetheless, when the income division filed appeals towards acquittal, the HC had thought of each appeals concurrently and convicted the accused individuals in each the circumstances primarily based on the proof in one of many two circumstances.
Further solicitor basic Vikramjit Banerjee argued that because the proof is identical in each the circumstances, no prejudice may be alleged by the accused. Rejecting the argument and staying agency that every case must be heard individually, the bench stated, “Whether or not prejudice or not, the very fact stays that the HC dedicated an error of regulation in coping with the proof of 1 trial for deciding each the appeals arising out of two separate trials.”
The SC stated, merely as a result of the seven prosecution witnesses had been the identical in each the circumstances, it doesn’t imply that the proof was an identical and related as a result of within the oral testimony, the examination-in-chief and the cross examination are equally necessary and related.
“Even when the examination-in-chief of all of the seven witnesses in each the circumstances, though examined in numerous sequence, was the identical, there may have been a component of some profit accruing to the accused in every case relying upon the cross-examination which may have been carried out possibly by the identical counsel or a unique counsel,” it stated.
“The identical witnesses may have deposed in another way in numerous trials towards completely different accused in another way relying upon the complicity or/and culpability of such accused,” the SC stated whereas remanding each the appeals to the HC for recent consideration.
The bench stated culpability of any accused can’t be selected the idea of any proof, which was not recorded in his presence or his advocate’s presence and for which he didn’t get a possibility of cross-examination, until the case falls below exceptions of regulation, as famous above.

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