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Court should protect rights of accused as well as victim

In Vincent v. The State, the Hon'ble Madras High Court while setting aside the decision of the Court of Special Judge under the Prevention of Corruption Act, refusing the petitioner accused the right to recall an important witness for cross-examination, the Bench of Dr. P. Devadass, J., allowed the petitioners to recall the witness for cross-examination cautioning that the cross-examination should be completed as soon as possible and that deferring the same would not be permitted. However, taking the opportunity to ponder upon the conflict between an accused person’s constitutionally guaranteed right of defense, the duty of the State to punish the offenders and the plight of the victims/witnesses due to prolonged trials, the Court observed that a court should be magnanimous in protecting the rights of the accused, however it must ensure that this magnanimity does not become a headache for the victims of the offences and the witnesses, thereby resulting in failure of justice.

Article referred: http://blog.scconline.com/post/2016/09/09/courts-must-strike-balance-between-protecting-rights-of-accused-and-preventing-harassment-of-victims-and-witnesses-due-to-prolonged-trials/

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