Gujarat HC Gives Accused 45 Minutes To Finish Cross-Examining Post-Mortem Doctor After Trial Court Closed It Midway

In Sessions Case No. 82 of 2021, the Trial Court closed the petitioner’s right to further cross-examine PW-5, Dr. Bhavish Shyamlal Shah, who had conducted the post-mortem, while his cross-examination was in progress.

The petitioner challenged that order, contending that he had not been given a proper opportunity to complete the cross-examination. The State submitted that sufficient opportunity had already been afforded.

The Court applied the principle that a Trial Court should balance the interests of the prosecution and the defence and afford each side a reasonable opportunity to present its case, including a reasonable opportunity to complete the cross-examination of a witness.

The judgment cited no specific statutory provision or precedent.

Although the Trial Court had closed the cross-examination on the ground that sufficient time had been granted, the record showed that the petitioner’s counsel had not sought time or an adjournment while conducting the cross-examination.

In the circumstances, the Court considered that a reasonable opportunity to complete the examination was warranted. To balance that opportunity against the need to avoid further delay, it limited the petitioner to one further opportunity, at his own cost, with the cross-examination to be completed within 45 minutes and no adjournment if the doctor attended.

The doctor was to be called at the petitioner’s cost; the petitioner was required to deposit Rs. 2,000 in advance and complete the cross-examination within 45 minutes. If the doctor appeared on the fixed date, no adjournment was to be granted to the petitioner’s counsel. The petition was disposed of and the Rule made absolute to that extent.