'No Response By State On Enquiry Into Complaint Of Defence Witness Intimidation' : Supreme Court Stays Trial Against MP Congress MLA
1 month, 1 week ago

'No Response By State On Enquiry Into Complaint Of Defence Witness Intimidation' : Supreme Court Stays Trial Against MP Congress MLA

Live Law  

The Supreme Court on Monday stayed the trial in a cheating case against Congress Madhya Pradesh MLA Rajendra Bharti after taking note of his allegation that the defence witnesses are being pressurised. A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan passed the order in a petition filed by Bharti seeking to transfer the trial to another State. Justice Oka then told the AAG, "You are the State, it is your duty to ensure free and fair trial. When the AAG continued to deny the allegation, Justice Oka told him, "You are first an officer of the Court, not the mouthpiece of the State.

Trial Defence Witness Witnesses State Fir Allegation Court Justice Justice Oka Oka Aag Defence Witness  enquiry  response  trial  intimidation  bench  defence  allegation  aag  supreme  oka  mp  state  witnesses  stays  mla  court  justice  witness

History of this topic

Trial Courts Must Shed Their Inertia & Ask Questions To Witnesses In Appropriate Cases To Sift Grain From Chaff: Allahabad HC
1 year, 6 months ago

Trial Courts Must Shed Their Inertia & Ask Questions To Witnesses In Appropriate Cases To Sift Grain From Chaff: Allahabad HC

Live Law  

The Allahabad High Court, referring especially to hostile witnesses, observed that the trial Court must shed its inertia and ask questions while intervening in all those cases where the court’s intervention is necessary for the ends of justice. The Court noted that two prosecution witnesses in the case had turned hostile at the time of their examination-in-chief and they were …

No Bar On Considering Evidence Of Official Witnesses If It's Free From Suspicion: Karnataka High Court
1 year, 8 months ago

No Bar On Considering Evidence Of Official Witnesses If It's Free From Suspicion: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that there is no bar that evidence of official witnesses is to be discarded, and if the evidence is beyond all suspicious reasons, there is no reason for ignoring the evidence. A single judge of Justice Rajendra Badamikar dismissed the appeal filed by accused D B Ramesh and upheld the order of …

Evidence Of Injured Witness Has Greater Evidentiary Value, Their Statements Can’t Be Discarded Lightly: Supreme Court
1 year, 11 months ago

Evidence Of Injured Witness Has Greater Evidentiary Value, Their Statements Can’t Be Discarded Lightly: Supreme Court

Live Law  

While dismissing the appeal pleas of two murder convicts, the Supreme Court of India reiterated certain important principles on the appreciation of oral evidence of injured eye witnesses during the trial stage. “The evidence of injured witness has greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly”, a Bench of Justices Sudhanshu Dulia …

Cash-at-judge’s door: Examination of defence witnesses concludes
2 years, 3 months ago

Cash-at-judge’s door: Examination of defence witnesses concludes

Hindustan Times  

The special CBI court has now closed the examination of defence witnesses in the case registered against Justice Nirmal Yadav of the Punjab and Haryana high court, who is facing trial for corruption in the infamous cash-at-judge’s door case. Special judge of CBI court, Jagjit Singh, had directed that defence evidence and examination of defence witnesses conclude between December 1 …

Lakhimpur witness ‘attacked’: plea
3 years ago

Lakhimpur witness ‘attacked’: plea

The Hindu  

Families of farmers killed in Lakhimpur Kheri, who have challenged the bail granted to an accused, the son of a Union Minister, pleaded with the Supreme Court on March 11 to hear them urgently, saying a prime witness was ‘attacked last night’. Earlier, on March 4, Mr. Bhushan had mentioned and sought an early hearing of the families’ appeal against …

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court
3 years, 1 month ago

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court

Live Law  

The High Court of Madhya Pradesh, Gwalior Bench recently held that conducting a preliminary enquiry is not sine qua non for issuing a direction for prosecution U/S 195 CRPC and that the Applicant is not entitled for any opportunity of hearing prior to that. The trial court, while passing the judgment, also directed that since the Applicant had intentionally changed …

Court set to record ‘Kasab’ statement
15 years, 3 months ago

Court set to record ‘Kasab’ statement

The Hindu  

The trial of the November 26, 2008, Mumbai terror attack case reached its first milestone on Wednesdaywhen the prosecution closed its case after examining the last witness from its side. “We are closing the prosecution’s evidence,” special public prosecutor Ujjwal Nikam told the court at 4 p.m. after Mr. Bharti deposed. Addressing journalists outside the court, Mr. Nikam said: “This …

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