Supreme Court: Public Prosecutor should not examine multiple witnesses to prove one particular fact to ensure speedy trial to accused

11. Before we close this matter, we would like to observe as to why the Public Prosecutor wants to examine 100 witnesses. Who are these 100 witnesses? We are aware that it is the public prosecutor who could be said to be in-charge of the trial and he has to decide who is to be examined and who is to be dropped. But at the same time, no useful purpose would be served if 10 witnesses are examined to establish one particular fact. {Para 11}

12. The aforesaid results in indefinite delay in conclusion of trial. It is expected of the Public Prosecutor to wisely exercise his discretion in so far as examination of the witnesses is concerned. 

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 738 of 2025

Decided On: 14.02.2025

Tapas Kumar Palit Vs. State of Chhattisgarh

Hon'ble Judges/Coram:

J.B. Pardiwala and R. Mahadevan, JJ.

 Citation: 2025 INSC 222, MANU/SC/0216/2025.

Print Page

Supreme Court: The accused's right to have evidence recorded in his presence is a valuable right; however, any infringement thereof is curable and would not vitiate the trial.

 S.273 of CR.P.C. Evidence to be taken in presence of Accused.-Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the Accused, or, when his personal attendance is dispensed with, in the presence of his pleader:

If there was an infraction, which otherwise does not vitiate the trial by itself, the attempt must be to remedy the situation to the extent possible, so that the interests of the Accused as well as societal interest are adequately safeguarded. The very same witnesses were directed to be de novo examined which would ensure that the interest of the prosecution is subserved and at the same time the Accused will have every right and opportunity to watch the witnesses deposing against them, watch their demeanor and instruct their counsel properly so that said witnesses can be effectively cross-examined. In the process, the interest of the Accused would also stand protected. 

IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 656-657 of 2019.

Decided On: 11.04.2019

Atma Ram and Ors. Vs. State of Rajasthan .

Hon'ble Judges/Coram:

U.U. Lalit and Indu Malhotra, JJ.

Author: U.U. Lalit, J.

Citation: (2019) 20 SCC 481,2019 INSC 516,  MANU/SC/0526/2019.

Print Page

From Silicon to Courtroom: How Semiconductor Technology is Revolutionizing Legal Evidence

 Electronic Records as Legal Evidence

Semiconductor integrated circuits and memory play a crucial role in modern evidence recording and court proceedings through their function as storage mediums for digital evidence. Under Indian law, electronic records stored in semiconductor memory are now recognized as admissible evidence in courts.

The Evidence Act was amended by virtue of Section 92 of the IT Act to include "electronic record" within the definition of evidence, thereby allowing for the admissibility of digital evidence. This amendment specifically recognizes that electronic records stored in semiconductor memories, in addition to those on paper and stored/recorded/copied in optical or magnetic media, are valid forms of evidence.

Semiconductor Memory as Evidence Storage

Print Page

If a witness who has taken a religious vow of silence, how the court will record his evidence?

 How Indian Courts Balance Religious Freedom with Judicial Requirements Under Section 119 of the Evidence Act

Introduction

In the complex intersection of religious practice and legal proceedings, Indian courts have long grappled with a unique challenge: How do you ensure justice when a witness has taken a religious vow of silence? The answer lies in the progressive interpretation of Section 119 of the Indian Evidence Act, 1872, which demonstrates the law's remarkable ability to adapt to diverse circumstances while preserving both religious freedom and judicial integrity.

Print Page

Supreme Court: The court can not acquit Rape Accused if Child Victim is weeping and remaining silent at the time of recording of her evidence

Having considered the principles of law as above, let us now proceed further. We have independently examined the evidence of the witness, by placing reliance on whom the Trial Court recorded the conviction of Respondent-Accused, which was erroneously appreciated by the High Court, the same was reversed by the High Court. The child witness (victim), it is true, has not deposed anything about the commission of the offence against her. When asked about the incident, the trial Judge records that 'V' was silent, and upon being further asked, only shed silent tears and nothing more. Nothing could be elicited from the testimony regarding the commission of the offence. This, in our view, cannot be used as a factor in favour of the Respondent. The tears of 'V', have to be understood for what they are worth. This silence cannot accrue to the benefit of the Respondent. The silence here is that of a child. It cannot be equated with the silence of a fully realised adult prosecutrix, which again would have to be weighed in its own circumstances. It has been held in Hemudan Nanbha Gadhvi v. State of Gujarat   MANU/SC/1097/2018 : 2018:INSC:909 : (2019) 17 SCC 523, that a nine-year-old prosecutrix turning hostile would not be a fatal blow to the prosecution case when other evidence can establish the guilt of the Accused. In these facts, 'V' has not turned hostile. Trauma has engulfed her in silence. It would be unfair to burden her young shoulders with the weight of the entire prosecution. A child traumatized at a tender age by this ghastly imposition upon her has to be relieved of being the basis on which her offender can be put behind bars. In almost all other cases, the testimony of the prosecutrix is present and forms an essential part of the conviction of an Accused, but at the same time, there is no hard and fast Rule that in the absence of such a statement a conviction cannot stand, particularly when other evidence, medical and circumstantial, is available pointing to such a conclusion. Reference can be made to State of Maharashtra v. Bandu alias Daulat   MANU/SC/1411/2017 : 2017:INSC:1047 : (2018) 11 SCC 163, wherein the prosecutrix was "deaf and dumb and mentally retarded". The Court held that even in the absence of her being examined as a witness, other evidence on record was sufficient to record conviction of the Accused. The principle of law, therefore, is that if the prosecutrix is unable to testify, or for some justifiable reason remains unexamined, the possibility of conviction is automatically excluded. At this stage, it is important to record that we should not for a moment be understood saying that a person with a disability is by definition an incompetent witness. This Court in Patan Jamal Vali v. State of A.P.   MANU/SC/0323/2021 : 2021:INSC:272 : (2021) 16 SCC 225 frowned upon an earlier observation made by this Court in Mange v. State of Haryana   MANU/SC/0165/1979 : (1979) 4 SCC 349, wherein the Court observed "apart from being a child witness, she was also deaf and dumb and no useful purpose would have been served by examining her." {Para 17}

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 586 of 2017

Decided On: 18.03.2025

State of Rajasthan Vs. Chatra

Hon'ble Judges/Coram:

Vikram Nath and Sanjay Karol, JJ.

Author: Sanjay Karol, J.

Citation:  MANU/SC/0354/2025.

Print Page

Bombay HC: The Session Judge must record evidence of Chemical analyser in NDPS Case to Prove CA Report

The next important flaw which can be seen is the failure of the prosecution to examine the CA. It is noticed that in the Vidarbha region, in the trials under the NDPS Act, the CA is not examined. In my view, this is a serious mistake on the part of the prosecution. It needs to be placed on record that in Greater Mumbai, in every case under the NDPS Act, the CA is examined. In Vidarbha region, while deciding the appeals against the conviction and sentence in NDPS cases, it is noticed that this aspect is taken for granted by the prosecution. It needs to be stated that in Vidarbha region, the majority of the cases under the NDPS Act are with regard to the seizure of the ganja. The examination of the CA, in the case of the analysis of ganja, is very important because, in the report of the CA the description of the substance in detail is recorded invariably. The description of the substance, seized as a ganja, is required to be proved to bring it within the ambit of the definition of ganja under Section 2(iii)(b) of the NDPS Act. In this case, the prosecution has failed to examine the CA. In this case, the learned prosecutor did not produce remnant samples received from the office of CA. Similarly, the prosecutor did not produce the representative samples drawn at the time of the seizure on the spot as well as drawn in presence of the learned Magistrate at the time of the inventory. The remnant samples are required to be shown to the CA to bring on record the nature of the narcotic drug and the description of the drugs. Similarly, the representative samples are required to be opened before the Court at the time of the evidence of the concerned witness. The presiding officer is required to note down the description of the narcotic drug/substance found in the sample packets. It is further pertinent to mention that if the seized drug is not destroyed, then the same shall also be produced before the Court while recording the evidence of the witness. The description of the substance found in the packets/sacks shall also be recorded. The learned presiding officer is required to record this part of the evidence very meticulously and note down the description of substance.

{Para 18}

 19. I am conscious of the fact that under Section 293 of the Code of Criminal Procedure, the reports of certain Government scientific experts may be used as evidence in an inquiry, trial or other proceedings. The record shows that no specific order was passed by the learned Judge, while admitting the CA report. It is to be noted that, in cases under the NDPS Act, as and when a CA report is tendered, the Court shall insist the prosecutor to examine the CA. If the CA is available, then the learned Judge shall not exhibit the report without examining the CA. The trial of the offences under the NDPS Act cannot be taken lightly.

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Criminal Appeal Nos. 449 of 2023 and 457 of 2024

Decided On: 25.10.2024

Kailas Vs. The State of Maharashtra

Hon'ble Judges/Coram:

G.A. Sanap, J.

Citation: MANU/MH/7026/2024.

Read full Judgment here: Click here.

Print Page

Bombay HC: What procedure the court should adopt while recording evidence of CD or pen drive or any other electronic gadget in criminal trial?

 

It is to be noted that the video recording of the entire process was the best evidence in the possession of the prosecution. The question that was required to be addressed by the learned Judge while recording such evidence was as to how it has to be converted into legally admissible evidence. The learned Judge and the learned prosecutor have committed a procedural error. The proper procedure had not been followed. In this case, the main witnesses are the panch witnesses, the photographer, other members of the raiding party and the investigating officer. If the evidence consists of a video recording of the particular incident or part of the incident, the recorded incident must be proved through the concerned witness. As far as the video recording or recorded CCTV footage is concerned, the witness who is an eyewitness to the incident or acted as a panch witness or in other capacity, must describe the incident on oath before the Court. In such a case, at the time of recording the evidence of the concerned witness, the video recording, either recorded in the CD or pen drive or any other electronic gadget, must be played on the screen. The witness, after playing the CD, must describe or translate the video recording or the contents of the recording in his own words on oath before the Court. If it is an audio recording, then the part of the audible conversation must be transcribed and placed on record under the signature of the investigating officer. Unless and until the recorded video or CCTV footage is played at the stage of evidence of the witness, the witness would not be able to describe or narrate the incident in his or her own words on oath before the Court. In this way, at the stage of recording of evidence, each and every witness concerned with the video recording of the incident or any part of the incident must describe or narrate the incident in his or her own words on oath before the Court. If it is not so done, then it would be very difficult to understand or read that video recording by the presiding officer, prosecutor or Advocate. This procedure has to be scrupulously followed. This has not happened in this case. The CD was not played while recording the evidence of the panch witnesses, the photographer, the other members of the raiding party and the investigating officer. It is therefore apparent that the legally admissible evidence as to the contents of the recording/CD has not at all been recorded. {Para 15}

16. The CD is a part of the record. At the stage of the arguments in these appeals, the CD was played in the Court. It is evident that the video recording commenced with the apprehension of the appellant. The CD contains the recording of the inspection of hut, recovery of the substance, the description of the substance and further part of the proceedings. The CD further contains the recording of the raid and recovery at the house of Shatrughna. The learned Judge was required to play the CD at the time of recording evidence of each witness and record the contents appearing on the screen with the help of the concerned witness. If this procedure had been followed, then the contents of the CD would have become legally admissible evidence. This procedure had not been followed. This has caused prejudice to the appellants as well as to the prosecution. The important evidence collected in the form of the video recording has not been converted into legally admissible evidence. In order to verify the correct factual position, at the stage of the argument of the appeals, the video recording was played. It was very difficult to understand the contents of the CD. If the evidence of the witnesses had been recorded on playing the video recording at the time of the evidence, then the oral testimony of the witnesses on oath, as to the contents of the CD would have been part of the record.

17. It is evident that in this case the detailed description of the ganja has not been recorded in the panchanama. Similarly, the detailed description of the ganja has not been stated by the witnesses. The substance seized from the possession of the appellant can be seen from the video recording. It was necessary to show this part of the recording to the witnesses and record the description of the substance in detail through each and every witness. In my view, this is a fundamental flaw in this case. The appellants could not be held responsible for this mistake or rather a mess. It was the responsibility of the learned prosecutor to insist before the learned Judge to play the CD when the witnesses were in the witness box. It was not done by the learned Prosecutor/ incharge of the case. Similarly, the learned Judge did not follow this procedure scrupulously. It seems that the learned Judge did not act diligently while recording the evidence of the witnesses with regard to the incident or a part of the incident video-graphed by the investigating officer. Learned Judge has observed in his judgment that there was no objection as such on the part of the appellants to this CD. In my view, this observation is totally perverse. This observation is not only against the appellants, but it is also against the prosecution. In this case, the required evidence as to the contents of the video recording or CD has not been properly recorded. There is a procedural error. 

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Criminal Appeal Nos. 449 of 2023 and 457 of 2024

Decided On: 25.10.2024

Kailas Vs. The State of Maharashtra

Hon'ble Judges/Coram:

G.A. Sanap, J.

Citation: MANU/MH/7026/2024.

Print Page

Model Guidelines for Recording of Evidence of Vulnerable Witnesses-2024 in accordance with the new Criminal Laws.

 

https://drive.google.com/file/d/1KRGNTn8uzQ_TfX4BWJY2h5_PmyMFJ4Im/view?usp=sharing

 

Guidelines for Recording of Evidence of Vulnerable Witnesses, 2024

Objectives and Purpose

·       Enable vulnerable witnesses to depose freely in a safe and secure environment

·       Minimize harm or secondary victimization during participation in the justice system

·       Ensure effective implementation of rights for all parties - accused's right to fair trial, victim's right to participate effectively, and vulnerable witness protection

Print Page

Bombay HC: Motor accident claim tribunal can take into consideration medical bills in absence of specific defence that those documents are fabricated

As far as claim of expenditure on medical treatment is concerned, it is brought on record that the appellant was admitted in three different hospitals in Pune and in hospitals at Karad and Satara. The appellant was also admitted to the institution at Coimbatore for a period of more than two months. Lot of expenditure must have been incurred on travelling and residence of the relatives and friends of the appellant. The bills evidencing expenditure on medicines, medical treatment, special diet, travelling expenses and residence of the relatives and friends of the appellant have been produced on record. There are four lists of documents marked as 85/1 to 85/4. Along with the said four lists, voluminous original documents such as bills, vouchers etc. have been produced on record. As expected, none of the documents were admitted by the respondent No. 3. Perhaps the respondent No. 3 wanted that large number of witnesses should be examined to prove the documents. In the examination-in-chief, the appellant has made a reference to all the bills and vouchers. The Tribunal constituted under the said Act is not bound by strict rules of evidence. Therefore, the said bills and vouchers ought to have been taken into consideration by the Tribunal in absence of the specific case made out that the documents were fabricated. {Para 24}

 IN THE HIGH COURT OF BOMBAY

F.A. No. 717 of 1999

Decided On: 08.08.2011

Dattatraya Laxman Shinde Vs. Nana Raghunath Hire and Ors.

Hon'ble Judges/Coram:

Abhay Shreeniwas Oka, J.

Citation:  MANU/MH/1265/2011.

Print Page

Under which circumstances, Motor accident claim tribunal can rely on medicine bills even though pharmacist is not examined?

The High Court has gravely erred both on facts and in law in interfering with the impugned judgment and award of the Tribunal in reducing the pecuniary damages awarded towards medical expenses incurred by the Appellant herein from Rs. 17,51,726/- to Rs. 7,77,000/- solely on the ground that there is no documentary evidence in relation to the amount spent towards medical expenses which is awarded by the Tribunal. This assumption by the learned Judge of High Court is factually not correct. As could be seen from the record, there are large number of medical bills and vouchers produced by the Appellant for having spent the money towards the surgeries conducted upon her and payment made to the various Hospitals and Nursing Homes namely, V.S.S. Medical Hospital, Burla, Kalinga Hospital, Bhubaneshwar, Nursing Home, Cuttack along with purchase of medicines for the aforesaid period which run to Rs. 17,51,726/-. The above said factual aspects are stated in unequivocal terms in her statement of evidence, and she has also referred to the documents such as bills, receipts and vouchers obtained by her from various medical stores on the basis of the prescriptions of the doctors who have treated her. Some of the documents were marked in the evidence of PW-3 - the Appellant herein and she had spoken about the expenses incurred towards her treatment and purchase of medicines. In relation to some other documents, the learned Counsel for the Insurance Company has objected for making them exhibits without raising tenable objections. The learned member of the Tribunal neither upheld nor rejected the objection raised by the counsel on behalf of the Respondent Insurance Company at the time of marking documents through the Appellant in her evidence. Nonetheless, the learned member of the Tribunal has taken those documents into consideration and has awarded compensation under pecuniary damages having regard to the clinching evidence on record that the surgeries were conducted and treatment was taken by her in various hospitals and Nursing Homes for a period of four years. The correctness of the said claim is examined by us with reference to the documents in Ann. P-7 produced in this case, in which date-wise particulars with regard to the name of the Institutions and Medical Stores, the expenses incurred and bill numbers, payment made for the purpose of conducting blood tests, purchase of medicines, purchase of blood from the blood bank and cost of surgeries spent by the Appellant are given. The Tribunal, in the absence of rebuttal evidence and the nature of cross examination of the Appellant-PW 3 made by the learned Counsel on behalf of the Insurance Company and the evidence adduced by the Appellant herein and the claim made by her under the pecuniary damages towards the medical expenses, tests, surgeries etc. and other incidental purposes, has accepted and has rightly awarded a sum of Rs. 17,51,726/- under the heading of medical expenses. The same has been arbitrarily and unreasonably, without assigning any cogent and valid reason, interfered with by the High Court and it has erroneously modified the judgment by reducing the amount from Rs. 17,51,726/- to Rs. 7,77,000/-. This has been very lightly interfered with by the learned Judge of the High Court without application of mind and consideration of legal evidence on record particularly in the absence of rebuttal evidence and further, the Insurance Company was unable to show that the documents referred to supra produced by the Appellant in her evidence are fabricated documents, which have been produced with deliberate intention to prefer a false claim in this regard as contended by the learned Counsel on behalf of the Insurance Company. We have carefully examined the evidence on record and the findings of the Tribunal to examine as to whether the findings recorded by the High Court in the impugned judgment for reduction of pecuniary damages from Rs. 17,51,726/- to Rs. 7,77,000/- is correct. On careful perusal of the evidence and documents produced by the Appellant we have to hold that the finding and reason recorded by the High Court is wholly erroneous in law as the same is contrary to the facts pleaded and proved by producing evidence on record. Therefore, the same requires to be interfered with by this Court in these appeals. Accordingly, point Nos. (i) and (ii) are answered in the affirmative in favour of the Appellant. The finding and reason recorded by the High Court in not awarding just and reasonable compensation under the various heads of non pecuniary damages for which she is legally entitled to on the basis of proven facts, legal evidence on record and law laid down by this Court, is not only erroneous but also suffers from error in law. On this aspect, separate reasons are assigned while answering point Nos. (iii) & (iv).

 IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 5370-5372 of 2013 

Decided On: 01.08.2013

Rekha Jain Vs. National Insurance Company Ltd. and Ors.

Hon'ble Judges/Coram:

G.S. Singhvi and V. Gopala Gowda, JJ.

Author: V. Gopala Gowda, J.

Citation:  MANU/SC/0773/2013.

Print Page

Delhi HC: Relevancy and admissibility of portion of affidavit evidence need not be adjudicated at an interim stage, they can be decided at the time of final hearing

For a period of three years, the trial in the present suit could not commence as the present adjudication remained on the Board of the Court. The delay in adjudication of the present application may not be attributable to either of the parties and some of the delay could be attributed to the functioning of the Court being affected on account of the COVID outbreak. However, the fact remains that the said application was listed on several dates before the Court and has remained on the Board for almost three years, as a result of which the trial could not progress. If the Court were to venture into deciding all the objections taken in the application and analyse all the averments made in the affidavit, it would result in holding a mini trial in the suit. This would unnecessarily delay the adjudication of the suit. {Para 12}

13. There is nothing in the application or the submissions made on behalf of the defendant to suggest that any prejudice would be caused to the defendant if the entire affidavit as filed by the plaintiff's witness remains on the record of the case. As noted above, counsel for the defendant would have the liberty to get his objections noted and cross-examinee the witness accordingly and the said objections would be decided at the time of final adjudication of the case.

In the High Court of Delhi at New Delhi

(Before Amit Bansal, J.)

Levitate Mobile Technologies Pvt. Ltd. Vs Standard Chartered Bank and Another 

CS(COMM) 169/2018

Decided on September 1, 2022

Citation: 2022 SCC OnLine Del 2707.

Print Page

What is basic concept of leading questions as per S 146 of Bharatiya Sakshya Adhiniyam? Explain this concept with examples

 The concept of leading questions is addressed in S 146 of Bharatiya Sakshya Adhiniyam. Here’s a detailed explanation of the concept, along with examples:

Definition and Legal Basis

Leading Question:

• A leading question is one that suggests the answer desired by the questioner, typically by putting words into the mouth of the witness.
• Section 146(1) of BSA defines leading questions as: "Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question."

• Leading questions are generally not allowed during the examination-in-chief (the initial questioning of a witness by the party who called the witness) or re-examination unless they relate to matters which are introductory or undisputed, or which have already been sufficiently proved.

• Leading questions are allowed during cross-examination (questioning of a witness by the opposing party).

Print Page

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

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 examined on behalf of the

prosecution, can be permitted to be examined as a defence

witness. {Para 2}

3. In our considered view, both the Courts are wrong in declining

the request of the appellant, as factually, the witness sought

to be examined on the side of the defence has not been

examined by the prosecution. In other words, the prosecution

has consequentially chosen to discharge the said witness and,

therefore, he has not been put in the witness box to depose on

behalf of the prosecution.

4. In such view of the matter, there is no bar in the law for

examining the said witness as defence witness. 

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024 (@ SLP(CRL.) No.10756/2023)

SUNDER LAL Vs THE STATE OF UTTAR PRADESH & ANR. 

Dated: 2nd FEBRUARY, 2024.

Print Page

Supreme Court: Recording examination in chief of witnesses in absence of advocate of accused without recording their cross examination is illegal

In our view, the Trial Court ought not to have recorded the evidence in this fashion. Before recording the examination-inchief of the first prosecution witness, after finding that the appellants-accused had not engaged any Advocate, the Trial Court ought to have provided a legal aid Advocate to the appellants accused so that the evidence of the prosecution witnesses could have been recorded in the presence of the Advocate representing the appellants-accused. The order sheet enclosed with the report does not record that the appellants declined to accept the services of a legal aid lawyer. {Para 5}

6. When the examination-in-chief of a material prosecution

witness is being recorded, the presence of the Advocate for the

accused is required. He has a right to object to a leading or

irrelevant question being asked to the witness. If the trial is

conducted in such a manner, an argument of prejudice will be

available to the accused. This is a warrant case. In a warrant

case, in view of the proviso to the sub-section (3) of Section 242

of the Code of Criminal Procedure, 1973 (for short, “the Cr.PC”), the learned Magistrate, by recording reasons, can permit cross examination of a witness to be postponed till a particular witness or witnesses are examined. However, in the present case, no such order was passed by the learned Magistrate. The normal rule is that witnesses shall be examined in the order laid down in Section 138 of the Indian Evidence Act, 1872. Sub-section (3) of Section 242 of the Cr.PC is the exception to the rule.

7. Therefore, recording only the examination-in-chief of 12 prosecution witnesses without recording cross-examination is contrary to the law. 

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S).1664-1665 OF 2024

EKENE GODWIN & ANR.  Vs STATE OF TAMIL NADU 

Author: ABHAY S. OKA, J.

Dated: MARCH 18, 2024.

Citation: 2024 INSC 229.

Print Page

When the court should not allow amendment of date mentioned in complaint and evidence recorded under S 138 of NI Act?

 Presently, an application has been filed seeking

amendment of the date of the cheque from 22.07.2010 to

22.07.2012 as also changing the date in the evidence

recorded by the complainant to the same effect. It is in

that light, at the first instance, the learned Magistrate

considering the application has rightly concluded that

even if the amendment/ correction is permitted in the

complaint to indicate the date as 22.07.2012, the

evidence supporting the case of the appellant contains

the year as 2010, and as such, the amendment/ correction

would not be justified. {Para 6}

9. In a matter of the present nature, where the date

is a relevant aspect based on which the entire aspect

relating to the issue of notice within the time frame as

provided under the Negotiable Instruments Act, 1881, and

also as to whether as on the date there was sufficient

balance in the account of the issuer of the cheque would

be the question, the amendment, as sought for, in the

present circumstance, was not justified.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No. OF 2024

MUNISH KUMAR GUPTA  Vs M/S MITTAL TRADING COMPANY.

Dated: 30th April, 2024.

Print Page

Whether the Pocso court must record reasons if he could not record evidence of child within thirty days of taking cognizance of offence?

Even otherwise, Section 35 of the POCSO Act allows the Special Court taking cognizance of the offence to record evidence of the  child after a period of thirty days from the date on which cognizance of the offence has been taken. The only rider in this regard imposed by the provision of law is that the Court must record reasons for the delay. In the present case, while allowing recording of evidence after a period of thirty days from the date of taking of cognizance, the Special Court did not record any reasons for the delay. But, the deficiency would have to be considered only as an irregularity in the light of the petitioner not raising any specific objection to the application vide exhibit 24. If the petitioner had raised objection and showed that there was any possibility of prejudice being caused to his defence, the case would have been different and perhaps, the challenge now made to the order dated 2nd March 2016 by the petitioner would have been required to be considered in the perspective of the prejudice factor. This is not the case here and, therefore, I do not think that failure of the learned Special Judge to record reasons for belated recording of the evidence of the victim has resulted in an illegality, causing prejudice to the defence of the petitioner. 

{Para 7}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR

Criminal Writ Petition No. 68 of 2018

 Shubham Vilas Tayade,  Vs The State of Maharashtra, through Police

Coram : S. B. Shukre, J

Dated : 31st January 2018

Print Page

Delhi HC: Procedure to record evidence of child victim and its appreciation under the Pocso Act

True, the child was hesitant to respond to some questions put at the time of recording her statement. Obviously, the child was reluctant to answer embarrassing questions which were derogatory in nature. The court can understand shyness of tender aged girl to answer dirty or vulgar questions. She has given answers to other questions. Nevertheless, she had categorically pointed out as to what the appellant had done with her by referring it to the doll in her hand. She had conveyed as to what was done by the appellant with her. Nothing more can be expected from a child aged around five years considering her limited understanding. Her testimony cannot be discarded merely because 'X' in specific/express words did not tell that nails were scratched on her vagina by the appellant after putting off her underwear. {Para 10}

 IN THE HIGH COURT OF DELHI

Crl. A. 841/2016

Decided On: 06.06.2017

Hunny Vs. State

Hon'ble Judges/Coram:

S.P. Garg, J.

Citation:  MANU/DE/1702/2017, 2017:DHC:3138

Print Page

Guidelines for Recording Evidence of Vulnerable Witnesses

 https://drive.google.com/file/d/1gvhw4wmfVru9XkHwpt8CeYZlkp7Ojvx5/view?usp=sharing

Print Page

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

 In our considered view, both the Courts are wrong in declining

the request of the appellant, as factually, the witness sought

to be examined on the side of the defence has not been

examined by the prosecution. In other words, the prosecution

has consequentially chosen to discharge the said witness and,

therefore, he has not been put in the witness box to depose on

behalf of the prosecution.{Para 3}

4. In such view of the matter, there is no bar in the law for

examining the said witness as defence witness. After all, it

is for the Trial Court to consider the evidentiary value of

the said witness while coming to its conclusion.

5. Accordingly, the impugned order passed by the High Court

confirming the order passed by the Trial Court stands set

aside.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024

 (@ SLP(CRL.) No.10756/2023)

SUNDER LAL Vs THE STATE OF UTTAR PRADESH & ANR.

Dated: 2nd FEBRUARY, 2024.

Print Page

Supreme Court Extends Use Of Vulnerable Witness Deposition Centre's To All Jurisdictions Including Civil, Family Cases

The use of VWDCs should, in addition to criminal cases, be allowed for other jurisdictions, including, civil jurisdictions, family courts, juvenile justice boards and Childrens’ courts. Permission should be granted for recording the evidence of vulnerable witnesses in cases across all jurisdictions. This suggestion in the report is appropriate and is accepted. {Para 3}

IN THE SUPREME COURT OF INDIA

DR. JUSTICE D.Y. CHANDRACHUD; ANIRUDDHA BOSE, JJ.

Miscellaneous Application No. 1852/2019 in Crl.A. No. 1101/2019; 

SMRUTI TUKARAM BADADE Vs THE STATE OF MAHARASHTRA & ANR.

Dated: 08-04-2022.

Print Page