Prevention of Corruption Act,1988  - Section 7 , Section 13 (1)

Recall of the witnesses - Four years after they were examined in chief about an incident that is nearly seven years old - Delay takes a heavy toll on the human memory apart from breeding cynicism about the efficacy of the judicial system to decide cases within a reasonably foreseeable time period - We are of the opinion that on a parity of reasoning and looking to the consequences of denial of opportunity to cross-examine the witnesses, we would prefer to err in favour of the appellant getting an opportunity rather than protecting the prosecution against a possible prejudice at his cost - Fairness of the trial is a virtue that is sacrosanct in our judicial system and no price is too heavy to protect that virtue - A possible prejudice to prosecution is not even a price, leave alone one that would justify denial of a fair opportunity to the accused to defend himself.

Topic(s)-Recall of the Witnesses

Important Decision(s)- Fairness of the trial is a virtue that is sacrosanct in our judicial system.