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Showing posts with label defence witness. Show all posts
Showing posts with label defence witness. Show all posts
Sunday, 26 May 2024

Supreme court: Witness Who Was Shown In Prosecution List But Not Examined By Prosecution Can Be Summoned As Defence Witness

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The question which arises for consideration in this appeal is as to whether a witness which has been shown in the prosecution list but not e...
Monday, 20 May 2024

What is the duty of revisional court while scrutinizing the trial court's order refusing to summon defence witnesses?

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  We may, however, observe that when the trial Judge assigned reasons in support of his judgment, we are of the opinion that the High Court ...
Tuesday, 13 February 2024

Supreme Court: Witness cited as prosecution witness but Not Examined by it Can Be Summoned As Defence Witness

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 In our considered view, both the Courts are wrong in declining the request of the appellant, as factually, the witness sought to be examine...
Tuesday, 9 August 2022

Questions and answers on law part 44

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  Q 1:- Can prosecution witness be summoned as defense witness in a criminal case. An application is moved at 313 CrPC stage by the accused ...

Whether the court can permit accused to call prosecution witness examined, cross examined and discharged as defence witness?

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  The power to summon any person as a witness or recall and re-examine any person already examined is the discretionary power of the Court i...

Under which circumstances accused can examine prosecution witness as defence witness?

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  The situation in a case where the prosecution cited two categories of witnesses to the occurrence, one consisting of persons closely relat...

Whether court witnesses or defence witnesses can be contradicted by reference to their police statement recorded U/S s 161 of CRPC?

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   As regards the evidence of DW 1 it was wrong to have allowed him to be cross-examined by the prosecution with reference to the statement ...
Friday, 10 September 2021

How to appreciate evidence of defence witness and court witness?

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In this regard, it may also be noted that the Supreme Court in  Dudh Nath Pandey v. State of Uttar Pradesh  reported as  (1981) 2 SCC 166 , ...
Wednesday, 10 May 2017

Whether court can permit calling of prosecution witness as defence witness?

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The judgment of the Supreme Court very clearly indicates that the provisions under Section 233, Cr.P.C. should not be permitted for the de...
Sunday, 8 November 2015

Whether accused can call Chairman of complainant - Society as defence witness?

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 The Chairman who is being summoned as a witness for the defence, has not been examined as a prosecution witness. Merely because he happene...
Saturday, 10 October 2015

When magistrate should not reject application of accused for calling of witness?

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The learned JMFC was obviously in error in rejecting the said application. Sub-section 2 of section 243 of Criminal Procedure Code not onl...
Tuesday, 31 March 2015

Whether public prosecutor can interview witness before trial?

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Cr.P.C. S.231: Public Prosecutor can interview the witness before hand: The situation in a case where the prosecution cited categories o...