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Ekene Godwin & Anr. vs. State of Tamil Nadu

Not available · 2024 INSC 229Decided 18 Mar 2024
Not available
Justice Abhay S. Oka · Justice Ujjal Bhuyan

Background

The appellants were being prosecuted for cheating and offences under the Information Technology Act, and their bail application had been rejected by the High Court. During the appeal, the Supreme Court learned that the trial court, working under a High Court-imposed deadline to finish the trial, had recorded the examination-in-chief of 12 prosecution witnesses one after another without recording any cross-examination, and had done so even though the unrepresented appellants had not been given a legal aid lawyer.

Decision Breakdown

The Supreme Court held that once it was clear the appellants had no lawyer, the trial court should have appointed a legal aid advocate before recording any evidence, and that deferring cross-examination in this manner was not permitted without a specific reasoned order under the CrPC provision meant for that purpose. Recording only examination-in-chief for 12 witnesses this way was held contrary to law and would prejudice the accused. The Court directed a fresh (de novo) trial of those witnesses after legal aid counsel is appointed, and granted the appellants bail on strict conditions, including surrender of their passports, given they had already been in custody since January 2023.

Lesson Learnt

An accused's right to have a lawyer present while prosecution evidence is being recorded is fundamental: a court cannot bypass this right just to meet a time-bound schedule, and doing so can force a complete re-trial of the evidence already recorded.

Official source (sci.gov.in)View Judgment (PDF)

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