Case Summary: State of Kerala v. Rasheed


Citation: (2018) 14 SCALE 461; AIR 2019 SC 721; (2019) 13 SCC 297

Date of Judgment: October 30, 2018

Bench: Abhay Manohar Sapre, Indu Malhotra

Court: Supreme Court of India

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Law Points Raised
• Whether the High Court was justified in reversing the Trial Court’s order refusing to defer cross-examination under Section 231(2) CrPC.
• Interpretation and discretionary scope of Section 231(2) of the CrPC in criminal trials.
• Impact of deferred cross-examination on fairness of trial and witness safety.
• Judicial discretion under Sections 135 and 138 of the Indian Evidence Act.
• Balancing accused’s rights with prosecution prerogatives in witness examination sequence.
Ratio Decidendi (Legal Reasoning)
• Section 231(2) CrPC does not grant an absolute right but a discretionary power to defer cross-examination in exceptional circumstances.
• Request for deferral must be supported by strong and specific reasons; mere assertion of prejudice is not sufficient.
• Judicial discretion must be exercised cautiously, balancing the accused’s rights with potential witness influence or delay.
• The Trial Court rightly denied deferral, citing lack of justification and risk of witness intimidation.
• High Court’s reversal was cryptic, lacked reasoning, and ignored risks and procedural safeguards.

Final Ruling
The Supreme Court allowed the appeal, set aside the High Court’s order, and restored the Trial Court’s decision denying cross-examination deferral under Section 231(2) CrPC.

Relevant Paragraph Numbers
• Para 5–7: Discretionary scope under Section 231(2) CrPC
• Para 9–11: Practice guidelines and factors affecting discretion
• Para 13: Criticism of High Court’s unreasoned reversal
• Para 14: Final conclusion and restoration of Trial Court order

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Key Case Identifiers
 State of Kerala v Rasheed Supreme Court case
 Section 231(2) CrPC explained
 CrPC cross-examination deferral discretion
 Supreme Court on witness protection in trials
 Judicial discretion under CrPC Section 231
 Deferred cross-examination in criminal trial
 High Court vs Trial Court criminal procedure
 CrPC Section 231 vs Evidence Act Section 138
 Rights of accused in witness cross-examination
 CrPC 231(2) procedural safeguard judgment
 Rasheed case Supreme Court analysis
 Trial court discretion in criminal cases India
 Witness safety and fair trial CrPC
 CrPC 231(2) and Evidence Act interpretation
 Unjustified deferral of cross-examination India
 Discretion of trial judge under Section 231
 Supreme Court on delay in criminal procedure
 Restoring trial court order CrPC 231 case
 Section 231(2) CrPC legal precedent India
 Cross-examination deferral not absolute right