The Accused has a right to cross-examine the Witnesses to elicit the suppressed facts and to expose the discrepancies. The object of cross-examination is to impeach the credibility and the general value of the evidence given by the witnesses. The right to cross-examination is one of the valuable rights of the accused in order to elicit and discover truth from the witnesses.
Accused Right to seek postponement of Cross Examination After Examination in Chief
Though the accused has no right to seek postponement of Cross-Examination and the cross examination should follow the Examination in chief, but in certain cases, where either the counsel or the defence counsel is not available on account of some unforeseen circumstances, reasons or event or the defense counsel is not prepared with cross examination of the witness, when the Examination in Chief is over, then in such a case, the Trial Court , in its discretion, may permit the cross-examination of any such witness to be deferred until any witness is examined or recalled for cross-examination.
The ultimate objective of the Cross Examination is to extract such material which can be used to establish the innocence of the accused or why the benefit of doubt be given to the accused. Cross Examination can be very well used to discredit the Witness and to convince the Court why the Court should not rely upon the testimony of the witness despite the Witness depose against the accused.
The object of the cross examination is to enable the Court to arrive at the truth, irrespective of the fact whether the prosecution or the defence has examined the witnesses or failed to produce some evidence or due to unvaoidable criculates the accused failed to cross examine the witnesses. The evidence was neither to help the prosecution nor the defence but the same was taken for a just and proper disposal of the case. In these circumstances, in order to impart justice and to arrive at a just and proper disposal of the case, Court thought it proper to allow the accused – petitioner to cross examine the witnesses, viz., PW 1 to PW 6 as PW 7 had been given up by the counsel for the petitioner for being cross examined.
If the accused will not be given an opportunity for being cross examine the witnesses then he will not be in position to impeach or discredit the accuracy or credibility of the witnesses.
Courts rarely allow recalling of witness unless very genuine and pressing circumstances are shown to the satisfaction of the Court. Recalling of Witness risks the delay in trial as the Witnesses are generally reluctant to visit the Court and for Witnesses are summoned by the order of the Court.
