Right to Cross-Examination, Part of Right to Fair Trial, is an Integral Part of Life and Personal Liberty: Chhattisgarh High Court

In a 2018 trial, under IPC and POSCO Act, 2012, the victim/prosecuterix being a minor at the time, on attaining majority claimed the statement leading to prosecution as having been made under duress. The application of the accused for re-examination of the alleged victim, earlier minor now a major, was rejected by the Special Judge (POSCO). On appeal, the Chhattisgarh HC allowed re-examination u/s 311 of CrPC stating that, ‘right to cross-examination is a part of right to fair trial which every person has in the spirit of right to life and personal liberty’.