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
[Judgment Source] https://www.courtkutchehry.com..../Judgement/Search/Ad
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
[Judgment Source] https://www.courtkutchehry.com..../Judgement/Search/Ad
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
