At the outset, the Court noted 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.
Moreover, relying heavily on the decision of the Supreme Court in Natasha Singh v. Central Bureau of Investigation (2013), the High Court went on to observe that:
“In the case in hand, the ground of re-examination is that earlier the statement of the prosecutrix was recorded under duress but the learned trial court ignoring the aforesaid facts and summarily dismissed the application filed by the petitioner. The learned court below ought to have allowed the petition by exercising the jurisdiction under Section 311 CrPC.”
Source: Barandbench
