Judge Cannot Usurp Prosecutor’s Role by Conducting Chief Examination: Kerala HC Sets Aside Life Conviction

The Kerala High Court set aside a life imprisonment conviction after noting that the trial judge had conducted the chief examination of prosecution witnesses, thereby assuming the role of the prosecutor.

The Court held that such conduct violated the accused’s right to a fair trial and struck at the core of criminal jurisprudence.

Observing that a judge must remain neutral and cannot fill gaps in the prosecution case, the Court ruled that the conviction could not be sustained.

Considering that the accused had already undergone about 14 years of custody, the Court ordered his release.

[Babu C G v. State of Kerala]