Procedure of trial

If such stages are ignored possibility of resolution of (i) disputes based on admissions, or (ii) through alternate means of dispute resolution (including compromise) or (iii) through summary judgment (without a trial of facts) dwindles

Unless claims and material in support of such claims is laid bare for the benefit of all parties, no party is incentivized to enter into a compromise, the court is unable to determine in an educated manner the issues in controversy between the parties, and has no ability to decide the matter at the first hearing or through summary judgment

This renders provisions of O IX, O.IX-A, O.XV and O.XV-A, C.P.C. redundant and results in all suits brought to the court being subjected to trial, and populates Court dockets with matters that might be resolved without trial and without inordinate delay in cases finding a resolution.

Accused was convicted and sentenced by Trial Court for committing embezzlement and willfully remaining absconder on the basis of evidence recorded in his absence

Plea raised by accused was that evidence relied upon by Trial Court for convicting him was recorded in his absence

Validity

Trial Court had neither given opportunity to accused of cross examining witnesses who were examined in his absence except investigating officer nor framed fresh charge against co-accused already facing trial on commencement of trial against accused

Safe and proper course for Trial Court was either to pronounce judgment against co-accused on conclusion of trial against him or to have charged both accused afresh for de novo trial

Trial Court did not adopt either of the two alternatives and had committed an illegality

High Court set aside conviction and sentence awarded to accused and remanded the case to Trial Court to frame fresh charge against accused and proceed for trial afresh in accordance with law

Appeal was allowed accordingly.

For gang-rape cases, where there was a threat to the life of the victim and her family members, statements could be recorded in camera and trial could be conducted inside the jail.