In Brief
The State of Kerala appealed a High Court order that reversed a trial court's refusal to defer witness cross-examination in a criminal case. The Supreme Court held that while the trial judge has discretion under Section 231(2) of the Criminal Procedure Code to defer cross-examination, this power must be exercised only when sufficient reasons justify it—not as a mere right. The accused failed to show that witnesses were deposing on identical facts. The Court emphasised that deferral requires careful consideration of prejudice to the accused balanced against risks of witness intimidation, memory loss, and trial delays. The High Court erred in reversing the trial order without reasoned judgment and without hearing the accused. The appeal was allowed, and the trial court order was restored.
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