The Supreme Court in State Of Kerala vs Rasheed, listed out ‘practical guidelines’ to be followed by trial courts in the conduct of a criminal trial, ‘as far as possible’. The bench said that following factors must be considered, while deciding an Application under Section 231(2) of the Cr.P.C :- Possibility of undue influence on witness(es); possibility of threats to witness(es); possibility that non-deferral would enable subsequent witnesses giving evidence on similar facts to tailor their testimony to circumvent the defence strategy; possibility of loss of memory of the witness(es) whose examination in chief has been completed; Occurrence of delay in the trial, and the non availability of witnesses, if deferral is allowed, in view of Section 309(1) of the Cr.P.C. The Court has listed out ‘practical guidelines’ to be followed by trial courts in the conduct of a criminal trial, as far as possible :- A detailed case-calendar must be prepared at the commencement o...
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