Witness Must Not Be Re-Summoned In Sexual Offence Cases Where Cross Examination Conducted Extensively: Delhi High Court
2 years, 6 months ago

Witness Must Not Be Re-Summoned In Sexual Offence Cases Where Cross Examination Conducted Extensively: Delhi High Court

Live Law  

The Delhi High Court has observed that where a cross examination has been conducted extensively, it would be against the mandate of law to re-summon the witness especially in a case of sexual offence.Observing that the right to fair trial is a constitutional goal and a fundamental right of every individual, Justice Swarana Kanta Sharma said that where evidence sought to be brought on record. The Delhi High Court has observed that where a cross examination has been conducted extensively, it would be against the mandate of law to re-summon the witness especially in a case of sexual offence. Observing that the right to fair trial is a constitutional goal and a fundamental right of every individual, Justice Swarana Kanta Sharma said that where evidence sought to be brought on record is essential to issue involved in the matter, the power to summon material witness or examine person in attendance under Section 311 of Code of Criminal Procedure must be invoked. The Court was dealing with a plea filed by a man accused in a rape case against a Trial Court order dismissing his application under Section 311 of the Code for recalling of two prosecution witnesses including the victim.

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History of this topic

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties
3 months ago

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties

Live Law  

The Delhi High Court has recently directed all the Family Courts in the national capital to ensure that the cross-examinations of witnesses are completed as expeditiously as possible, without causing any undue harassment or embarrassment to the parties.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee observed that the Family Courts should ensure that the. The Delhi …

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court
3 months ago

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court

Live Law  

While quashing a First Information Report against an accused, the Delhi High Court reiterated that if an accused is found innocent in disciplinary proceedings and the same charges are levelled in the criminal case, then there is no justifiable reason to continue the criminal proceedings. Referring to various decisions of the Supreme Court and the high court Justice Vikas Mahajan …

Delhi court convicts man for 'attempting' to sexually assault boy in 2015
3 months, 3 weeks ago

Delhi court convicts man for 'attempting' to sexually assault boy in 2015

Hindustan Times  

New Delhi, A court here has convicted a man for "attempting" to commit unnatural sexual offence on a seven-year-old boy in 2015. Delhi court convicts man for 'attempting' to sexually assault boy in 2015 Additional Sessions Judge Amit Sahrawat was hearing the case against the accused who was charged under section 377 of the Indian Penal Code and section 6 …

Delhi court acquits man charged for rape 9 yrs ago due to lack of credible testimony
8 months, 1 week ago

Delhi court acquits man charged for rape 9 yrs ago due to lack of credible testimony

Hindustan Times  

New Delhi, Over nine years after a man was charged with rape, a court here has acquitted him, saying the testimonies of the alleged victim were not clear, cogent, credible or trustworthy, nor were her allegations corroborated by other material evidence. Delhi court acquits man charged for rape 9 yrs ago due to lack of credible testimony Additional Sessions Judge …

Arvind Kejriwal moves Delhi court over summons in ED case
1 year ago

Arvind Kejriwal moves Delhi court over summons in ED case

Hindustan Times  

Delhi chief minister and Aam Aadmi Party national convenor Arvind Kejriwal has moved a Delhi sessions court against the summons issued to him by the additional chief metropolitan magistrate, barely a few days before he is to make a physical appearance before the magisterial court over two complaints of non-compliance filed against him by the Enforcement Directorate. Kejriwal had moved …

Accused's Right To Expeditious Conclusion Of Trial Can't Be Defeated When Complainant Appears As Witness On Her Own Terms: Delhi High Court
1 year ago

Accused's Right To Expeditious Conclusion Of Trial Can't Be Defeated When Complainant Appears As Witness On Her Own Terms: Delhi High Court

Live Law  

The Delhi High Court has observed that the right of an accused to the expeditious conclusion of trial cannot be defeated when the complainant chooses to appear as a witness at her own terms. Justice Navin Chawla said that the accused also has a right to the expeditious conclusion of the trial, as mere pendency of a case accusing a …

Recording of Prosecutrix's Testimony Through Two-Way Video Conferencing Not Adverse, No Denial Of Right To Fair Trial Of Accused: Delhi High Court
1 year, 3 months ago

Recording of Prosecutrix's Testimony Through Two-Way Video Conferencing Not Adverse, No Denial Of Right To Fair Trial Of Accused: Delhi High Court

Live Law  

The Delhi High Court has observed that recording of testimony of a prosecutrix in sexual assault cases through “two-way video conferencing facility” is not adverse nor does it amount to denial of accused's right to fair trial or effective cross-examination. “This Court is of the view that the facility of video-conferencing through which the testimony of the prosecutrix can be …

Commercial Courts Can Record Cross-Examination Of Outstation Witnesses Through Video Conferencing: Delhi High Court
1 year, 5 months ago

Commercial Courts Can Record Cross-Examination Of Outstation Witnesses Through Video Conferencing: Delhi High Court

Live Law  

The Delhi High Court has said that commercial courts can permit recording of cross-examination of overseas or outstation witnesses, who cannot travel due to any reason, through video conferencing after following the prescribed procedure, if the reason is found to be genuine and bona fide. “This would ensure that cross-examination of witnesses is not conducted in a never ending manner …

Accused’s Right To Cross Examine Witness At More Higher Pedestal Under POCSO Act In View Of Harsh Punishment For Offences: Delhi High Court
1 year, 8 months ago

Accused’s Right To Cross Examine Witness At More Higher Pedestal Under POCSO Act In View Of Harsh Punishment For Offences: Delhi High Court

Live Law  

The Delhi High Court has observed that the right of an accused to cross examine a witness is at a “higher pedestal” under the POCSO Act in view of the serious nature of offences and harsh punishment prescribed under the statute. While granting an accused the opportunity to cross examine a prosecution witness in a POCSO case, Justice Tushar Rao …

Family Courts Expected To Not Adopt Hyper-Technical Approach And Close Party’s Right To Cross Examination In Hurried Manner: Delhi High Court
1 year, 10 months ago

Family Courts Expected To Not Adopt Hyper-Technical Approach And Close Party’s Right To Cross Examination In Hurried Manner: Delhi High Court

Live Law  

The Delhi High Court has observed that the family courts are expected to not adopt a “hyper-technical approach” and close the right of cross examination of a party in a hurried manner while dealing with matrimonial cases.Justice Rekha Palli made the observation while setting aside an order passed by the family court rejecting a wife’s application for restoration of her …

Issue of consent in sexual assault cases needs scrutiny: Delhi high court
2 years ago

Issue of consent in sexual assault cases needs scrutiny: Delhi high court

Hindustan Times  

New Delhi: The issue of consent needs close scrutiny by constitutional courts for analysis of any sexual assault offences, the Delhi high court said on Monday while upholding the exoneration of a man for allegedly raping a married woman for 12 years and having two children with her. The Delhi high court said the issue of consent needs scrutiny by …

Calcutta High Court Stays Proceedings Against BJP's National General Secy Accused Of Sexually Assaulting A Party Worker
2 years, 6 months ago

Calcutta High Court Stays Proceedings Against BJP's National General Secy Accused Of Sexually Assaulting A Party Worker

Live Law  

The Calcutta High Court on Monday stayed all further proceedings of a case registered against National Joint General Secretary Organization, BJP, Shiv Prakash who has been accused of sexually assaulting/outraging the modestly of a party worker.The bench of Justice Kausik Chanda observed that the victim's act of giving multiple subsequent complaints inculpating various national and State. The Calcutta High Court …

Cross-Examination Cannot Encompass Questions Which Are Scandalous, Intend To Cause Humiliation To Witness: Delhi High Court
2 years, 7 months ago

Cross-Examination Cannot Encompass Questions Which Are Scandalous, Intend To Cause Humiliation To Witness: Delhi High Court

Live Law  

The Delhi High Court has observed that the cross-examination cannot encompass questions that are scandalous or intended to cause humiliation to the witness. Justice Asha Menon further observed that while there is a right to ask questions of a witness to impeach his creditworthiness, it cannot descend to harassment and humiliation of the witness.The Court added thus:"Thus, it is clear …

Document Admitted Or Denied By Witness During Cross Examination Cannot Be Returned, Has To Be Necessarily Placed On Court File: Delhi High Court
2 years, 8 months ago

Document Admitted Or Denied By Witness During Cross Examination Cannot Be Returned, Has To Be Necessarily Placed On Court File: Delhi High Court

Live Law  

The Delhi High Court has observed that if a document produced during cross-examination of a witness is admitted or denied by the said witness, such a document cannot be returned and has to be necessarily placed on the Court file.Justice Mini Pushkarna was dealing with an application filed on behalf of the plaintiffs in the civil suit under Section 151 …

Re-Examination Can't Be Used To Give Chance To Witness To Undo Statement Made In Cross Examination & Fill Lacunae In Evidence: Delhi High Court
2 years, 9 months ago

Re-Examination Can't Be Used To Give Chance To Witness To Undo Statement Made In Cross Examination & Fill Lacunae In Evidence: Delhi High Court

Live Law  

The Delhi High Court has observed that the opportunity of re-examination cannot be used to give a chance to a witness to undo its statement made in cross-examination and fill in the lacunae in evidence.Justice Amit Bansal was dealing with a suit filed seeking to injunct the defendants, who were occupants, from unlawfully entering any part of the first floor …

High Court Refuses To Interfere With Delhi University's Decision Of Holding Upcoming Examinations In Physical Mode
2 years, 10 months ago

High Court Refuses To Interfere With Delhi University's Decision Of Holding Upcoming Examinations In Physical Mode

Live Law  

The Delhi High Court on Friday refused to interfere with the decision of the Delhi University of holding the upcoming even semester examinations in May 2022 in the physical mode. Justice Rekha Palli, who was of the opinion that it was not the stage to issue any directions, however granted liberty to the petitioners, who were students of the Delhi …

Court Can Summon Accused U/S 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Allahabad High Court
2 years, 11 months ago

Court Can Summon Accused U/S 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Allahabad High Court

Live Law  

The Allahabad High Court has observed that a court can summon a person under Section 319 of the Code Of Criminal Procedure, 1973, only on the basis of examination-in-chief of witness and the Court need not wait for the evidence of such witness to be tested by cross-examination.Here it may be noted that as per Section 319 of CrPC, in …

Delhi High Court Stays Trial Court Proceedings Against MP Subramanian Swamy In Defamation Case By BJP Leader Tajinder Bagga
2 years, 11 months ago

Delhi High Court Stays Trial Court Proceedings Against MP Subramanian Swamy In Defamation Case By BJP Leader Tajinder Bagga

Live Law  

The Delhi High Court on Monday issued notice on the plea filed by Rajya Sabha MP Subramanian Swamy challenging summons issued by a trial court here in a defamation complaint filed by BJP leader Tajinder Pal Singh Bagga over a tweet, claiming it to be false and defamatory in nature.Justice Jasmeet Singh stayed the proceedings before the Trial Court and …

Delhi High Court Dismisses Allegations Of False Implication Against Complainant, Cites Law On Appreciation Of Injured Witness' Testimony
3 years, 1 month ago

Delhi High Court Dismisses Allegations Of False Implication Against Complainant, Cites Law On Appreciation Of Injured Witness' Testimony

Live Law  

The Delhi High Court recently referred to the law on appreciation of testimony of an injured witness, while upholding the judgment and conviction for attempted Murder punishable under Section 307 of IPC.Justice Manoj Kumar Ohri noted that the complainant/ witness had identified the appellant in Court and in cross-examination, he denied the suggestion that the appellant was. The Delhi High …

Delhi High Court Stays Action Against Police Officials For Filing Two Distinct Chargesheets In Minor Rape Case
3 years, 3 months ago

Delhi High Court Stays Action Against Police Officials For Filing Two Distinct Chargesheets In Minor Rape Case

Live Law  

The Delhi High Court on Friday stayed a trial court order directing legal action against an Investigating Officer and SHO for filing two distinct chargesheets in a minor rape case. Justice Anu Malhotra, who sought status report from the Delhi Police, stayed the operation of the order dated 24th November 2021 wherein the Sessions Court had observed that the action …

Accused Can Be Summoned U/s 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Supreme Court
4 years ago

Accused Can Be Summoned U/s 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Supreme Court

Live Law  

An accused can be summoned under Section 319 of the Code of Criminal Procedure on the basis of even examination ­in ­chief of the witness and the Court need not wait till his cross­ examination, the Supreme Court observed.The bench comprising Justices DY Chandrachud and MR Shah observed that If on the basis of the examination ­in­ chief of the …

Kerala govt to move SC after HC dismisses plea to transfer trial against Dileep in sexual assault case
4 years, 3 months ago

Kerala govt to move SC after HC dismisses plea to transfer trial against Dileep in sexual assault case

Firstpost  

Both the Kerala government and the survivor have alleged that the trial judge at Kerala High Court refused to record certain portions of the survivor’s testimony without any justification, despite repeated requests by the prosecutor. The government of Kerala will reach out to the Supreme Court to appeal against Kerala High Court’s dismissal of pleas to transfer the trial in …

[Breaking] No Change Of Trial Judge In Actor Sexual Assault Case; Kerala High Court Dismisses Transfer Pleas Of Victim & Prosecution
4 years, 4 months ago

[Breaking] No Change Of Trial Judge In Actor Sexual Assault Case; Kerala High Court Dismisses Transfer Pleas Of Victim & Prosecution

Live Law  

The Kerala High Court on Friday dismissed the applications filed by the prosecution and the victim seeking to change the judge holding trial in the sensational actor sexual assault case of 2017. As regards the second instance that the judge did not stop the harassment of victim by the lawyers of the accused, the High Court observed that "it would …

Victim Girl Being Habitual To Sex Cannot Be Valid Defence To Act Of Rape: SC [Read Order]
5 years, 3 months ago

Victim Girl Being Habitual To Sex Cannot Be Valid Defence To Act Of Rape: SC [Read Order]

Live Law  

The Supreme Court has observed that the fact that victim of rape is habituated to sex, cannot be a valid defence to the act of rape. Immoral Character of Victim, Evidence Act and Views of Supreme Court Section 155 of the Indian Evidence Act deals with impeaching credit of witness. Much before that, the Commission, in its 82nd report, emphasised …

Perpetrators Of Sexual Offences On Innocent Children Are Psychosocial Deviants, Who Cannot Lay Any Claim To Leniency: Delhi HC [Read Judgment]
5 years, 9 months ago

Perpetrators Of Sexual Offences On Innocent Children Are Psychosocial Deviants, Who Cannot Lay Any Claim To Leniency: Delhi HC [Read Judgment]

Live Law  

Perpetrators of sexual offences on innocent children are psychosocial deviants, who cannot lay any claim to leniency held Delhi High Court in Lokesh v. State. Court said that the law on the issue can be summarized to the effect that the deposition of a child witness may require corroboration, but in case his deposition inspires the confidence of the court …

Breaking: SC Issues Directions On Examination Of Witnesses In Criminal Trial [Read Judgment]
6 years, 4 months ago

Breaking: SC Issues Directions On Examination Of Witnesses In Criminal Trial [Read Judgment]

Live Law  

‘While deciding an Application under Section 231 of the Cr.P.C., a balance must be struck between the rights of the accused, and the prerogative of the prosecution to lead evidence’The Supreme Court, on Tuesday, listed out ‘practical guidelines’ to be followed by trial courts in the conduct of a criminal trial, ‘as far as possible’.While setting aside a Kerala. ‘While …

Breaking: SC Issues Directions On Examination Of Witnesses In Criminal Trial [Read Judgment]
6 years, 4 months ago

Breaking: SC Issues Directions On Examination Of Witnesses In Criminal Trial [Read Judgment]

Live Law  

‘While deciding an Application under Section 231 of the Cr.P.C., a balance must be struck between the rights of the accused, and the prerogative of the prosecution to lead evidence’The Supreme Court, on Tuesday, listed out ‘practical guidelines’ to be followed by trial courts in the conduct of a criminal trial, ‘as far as possible’.While setting aside a Kerala. ‘While …

Takes A Lot Of Courage For Victims Of Sexual Offences To Speak Up: Delhi HC Raps ASJ For “Lack Of Sensitivity & Understanding Of Human Behaviour” [Read Judgment]
6 years, 5 months ago

Takes A Lot Of Courage For Victims Of Sexual Offences To Speak Up: Delhi HC Raps ASJ For “Lack Of Sensitivity & Understanding Of Human Behaviour” [Read Judgment]

Live Law  

The Delhi High Court on Wednesday convicted a 21-year-old man of raping an 11-year-old girl, while rapping the Additional Sessions Judge for showing “complete lack of sensitivity to human feelings and limitations”The Bench comprising Justice Vipin Sanghi and Justice IS Mehta observed, “Sexual offences carry with them a great deal of shame, embarrassment and guilt for the victim. The Delhi …

Delhi trial court examines 22 witness in sodomy-murder case in day, earns rebuke from high court
7 years ago

Delhi trial court examines 22 witness in sodomy-murder case in day, earns rebuke from high court

Firstpost  

A trial court’s endeavour to hurriedly examine 22 out of 24 witnesses in a day has come for a severe criticism from the Delhi High Court. New Delhi: A trial court’s endeavour to hurriedly examine 22 out of 24 witnesses in a day in a case of murder and attempt to commit unnatural sex with a 14-year-old boy has come …

Arun Jaitley to be cross-examined before single judge, not joint registrar: Delhi HC
7 years, 1 month ago

Arun Jaitley to be cross-examined before single judge, not joint registrar: Delhi HC

Live Mint  

New Delhi: The Delhi high court on Friday decided to transfer the ongoing cross-examination of Arun Jaitley before the joint registrar to a court in a defamation suit filed by him against Aam Aadmi Party chief Arvind Kejriwal and five other party leaders. Expressing a view that any matter, including the present one, should be conducted fairly and in time-bound …

How To Conduct Inquiry In To Sexual Harassment At Work Place Complaints: Delhi HC Explains [Read Judgment]
7 years, 7 months ago

How To Conduct Inquiry In To Sexual Harassment At Work Place Complaints: Delhi HC Explains [Read Judgment]

Live Law  

The Delhi High Court has ordered the Internal Complaints Committee to complete the inquiry into complaints of sexual harassment against Ashok Kumar Singh, a teaching staff at Dyal Singh Evening College, within three months, while strictly abiding by the principles of natural justice by allowing the accused to cross-examine the witnesses through a questionnaire so that the identity of. The …

How To Conduct Inquiry In To Sexual Harassment At Work Place Complaints: Delhi HC Explains [Read Judgment]
7 years, 7 months ago

How To Conduct Inquiry In To Sexual Harassment At Work Place Complaints: Delhi HC Explains [Read Judgment]

Live Law  

The Delhi High Court has ordered the Internal Complaints Committee to complete the inquiry into complaints of sexual harassment against Ashok Kumar Singh, a teaching staff at Dyal Singh Evening College, within three months, while strictly abiding by the principles of natural justice by allowing the accused to cross-examine the witnesses through a questionnaire so that the identity of. The …

Delhi HC Directs Trial Court To Proceed Against Prosecutrix Who Filed False Gang-Rape Complaint [Read Judgment]
7 years, 7 months ago

Delhi HC Directs Trial Court To Proceed Against Prosecutrix Who Filed False Gang-Rape Complaint [Read Judgment]

Live Law  

The Delhi High Court recently directed the Trial Court to proceed against a prosecutrix for leveling false allegations of gang-rape against two Delhi-based doctors.While the Court acknowledged that “ordinarily no woman would falsely implicate someone in a rape case owing to social stigma attached to the offence”, it noted that it has come across false rape charges “when someone tutored. …

An Accused can be convicted for Rape even in the absence of Medical Evidence; Delhi High Court [Read Judgment]
8 years, 9 months ago

An Accused can be convicted for Rape even in the absence of Medical Evidence; Delhi High Court [Read Judgment]

Live Law  

Delhi High Court has held that even in the absence of medical evidence, an Accused is liable to be convicted for Rape if the evidence of the prosecutrix is reliable. It is also re-iterated that conviction can be based on the sole testimony of the prosecutrix without any corroboration.High Court has dismissed the Appeal filed by Raju Yadav against his …

SC soon will lay a law whether accused has right to recall witness or not- India TV News
9 years, 11 months ago

SC soon will lay a law whether accused has right to recall witness or not- India TV News

India TV News  

Will lay down law on whether accused has right to recall witness: SC New Delhi: The Supreme Court today said that it will lay down a law as to whether an accused has got the right to get witnesses recalled for their re-examination in a criminal case.“We are New Delhi: The Supreme Court today said that it will lay down …

Delhi High Court order on recalling of witness in Uber rape case stayed by Supreme Court
10 years ago

Delhi High Court order on recalling of witness in Uber rape case stayed by Supreme Court

Live Law  

The Supreme Court today stayed the order passed by the Delhi High Court by which the High Court had allowed the recalling of 13 witnesses, including the victim in the Uber rape case. Earlier, the Supreme Court on Monday had allowed to give the matter an urgent hearing after the same was mentioned by senior lawyer Mr. Colin Gonsalves before …

Delhi High Court order on recalling of witness in Uber rape case stayed by Supreme Court
10 years ago

Delhi High Court order on recalling of witness in Uber rape case stayed by Supreme Court

Live Law  

The Supreme Court today stayed the order passed by the Delhi High Court by which the High Court had allowed the recalling of 13 witnesses, including the victim in the Uber rape case. Earlier, the Supreme Court on Monday had allowed to give the matter an urgent hearing after the same was mentioned by senior lawyer Mr. Colin Gonsalves before …

Supreme Court to hear appeal against Delhi High Court’s order regarding recalling of witnesses in the Uber rape case
10 years ago

Supreme Court to hear appeal against Delhi High Court’s order regarding recalling of witnesses in the Uber rape case

Live Law  

The Supreme Court of India has agreed to hear appeal against Delhi High Court’s order by which the High Court had allowed recall of 13 prosecution witnesses, including the victim. The High Court had also said that the cross examination be carried out on a day-to-day basis.The accused Shivpal Yadav had approached the High Court seeking the same, however, the …

Supreme Court to hear appeal against Delhi High Court’s order regarding recalling of witnesses in the Uber rape case
10 years ago

Supreme Court to hear appeal against Delhi High Court’s order regarding recalling of witnesses in the Uber rape case

Live Law  

The Supreme Court of India has agreed to hear appeal against Delhi High Court’s order by which the High Court had allowed recall of 13 prosecution witnesses, including the victim. The High Court had also said that the cross examination be carried out on a day-to-day basis.The accused Shivpal Yadav had approached the High Court seeking the same, however, the …

Police begin probe into sexual assault charge against retired SC judge
11 years, 4 months ago

Police begin probe into sexual assault charge against retired SC judge

Firstpost  

Delhi Police have initiated a preliminary inquiry into the allegation of sexual harassment against an unnamed retired Supreme Court judge by a woman intern after it received a complaint in this regard from a former dean of Delhi University’s Faculty of Law. New Delhi: Delhi Police have initiated a preliminary inquiry into the allegation of sexual harassment against an unnamed …

Delhi gang rape: victim’s friend testifies before court
12 years, 1 month ago

Delhi gang rape: victim’s friend testifies before court

The Hindu  

The 28-year-old male friend of the girl, who was brutally gang-raped in a moving bus, on Tuesday, appeared before a fast- track court in New Delhi to testify about the incident to which he is the sole eyewitness. The youth, a software engineer, came in a wheelchair to the court of Additional Sessions Judge Yogesh Khanna after he was summoned …

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