Accused's Right To Expeditious Conclusion Of Trial Can't Be Defeated When Complainant Appears As Witness On Her Own Terms: Delhi High Court
10 months 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 person of a criminal offence can attach stigma and. 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 person of a criminal offence can attach stigma and cause embarrassment. “The right of the accused cannot be defeated with the complainant choosing to appear as a witness at her own terms and only when convenient to her,” the court said.

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History of this topic

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties
2 weeks, 1 day 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 …

Victim Has Right To Participate In Trial But Can't Override Public Prosecutor: Delhi High Court
1 month, 2 weeks ago

Victim Has Right To Participate In Trial But Can't Override Public Prosecutor: Delhi High Court

Live Law  

The Delhi High Court has recently observed that a victim has a right to participate in the criminal proceedings but cannot override the Public Prosecutor who acts as an independent Officer of the Court. Justice Subramonium Prasad said that the right of participation would always mean right to be heard but the victim's counsel cannot override an argument taken by …

Tired Of Missing Work To Attend Hearings, Woman Withdraws Criminal Case Before Delhi High Court
4 months, 1 week ago

Tired Of Missing Work To Attend Hearings, Woman Withdraws Criminal Case Before Delhi High Court

News 18  

The Delhi High Court on Thursday allowed a complainant to withdraw a criminal case after the former indicated that she was tired of having to leave work to attend court hearings. The litigant had filed a criminal case against another and proceedings were ongoing at the trial court on the matter. While requesting the Court to allow her to withdraw …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
8 months, 4 weeks ago

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Trial Court can exercise power under Section 311 of CrPC not only on a plea by a party to the trial including accused, prosecution, complainant and witness or on its own volition, but also on a plea of a person "who is seemingly rank stranger to the trial. The Punjab …

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 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 …

Delhi riots case: Right to investigation can't be curtailed, police tell court
1 year, 3 months ago

Delhi riots case: Right to investigation can't be curtailed, police tell court

India Today  

The Delhi Police on Tuesday told the Karkardooma court that the accused involved in the February 2020 riots in northeast Delhi have submitted applications inquiring about the status of the investigation only to derail the trial proceedings. Emphasising Delhi Police’s right to investigation can't be curtailed, Senior Public Prosecutor Amit Prasad argued that the accused cannot hold a gun to …

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, 5 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 …

Personal liberty of undertrial can’t be curtailed for indefinite period: Delhi HC
1 year, 6 months ago

Personal liberty of undertrial can’t be curtailed for indefinite period: Delhi HC

The Hindu  

The Delhi High Court has observed that imprisonment at the stage of trial cannot be prolonged only for the purpose of “teaching the accused a lesson”, as it granted bail to an accused in a kidnapping case. Merely because the offence is of a serious nature cannot be the ground to curtail the personal liberty of an undertrial for an …

Family Court Must Step In When Wife Seeks Help For Procuring Evidence To Prove Husband’s Adultery, Right To Privacy Not Absolute: Delhi High Court
1 year, 7 months ago

Family Court Must Step In When Wife Seeks Help For Procuring Evidence To Prove Husband’s Adultery, Right To Privacy Not Absolute: Delhi High Court

Live Law  

The Delhi High Court has observed that a wife can seek production of evidence or documents to prove the charge of adultery levelled by her against the husband in a divorce petition before family court and same will be in consonance with section 14 of Family Courts Act.“….when a wife seeks the help of the Court for procuring evidence which …

Delhi High Court Stays Trial Court Proceedings In Tajinder Bagga's Defamation Case Against Journalist Swati Chaturvedi
1 year, 10 months ago

Delhi High Court Stays Trial Court Proceedings In Tajinder Bagga's Defamation Case Against Journalist Swati Chaturvedi

Live Law  

The Delhi High Court on Tuesday stayed the trial court proceedings in a defamation case filed by BJP leader Tajinder Pal Singh Bagga against Journalist Swati Chaturvedi till July 17.Justice Rajnish Bhatnagar issued notice on the plea moved by the journalist challenging the summons issued by the trial court against her in the matter.Bagga filed the case against the journalist …

Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act : Supreme Court
1 year, 10 months ago

Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act : Supreme Court

Live Law  

The Supreme Court recently set aside a condition imposed by the Delhi High Court which had allowed a victim of domestic violence to lead evidence during trial subject to payment of Rs.20,000 per witness. “In a complaint filed under the Protection of women from Domestic Violence Act, 2005, it is not open to the Court to impose such onerous conditions …

Trial-Related Anxiety Does Not Justify Act Of Casting Aspersion On Judge: Delhi High Court Imposes ₹5K Cost On Contemnor
1 year, 10 months ago

Trial-Related Anxiety Does Not Justify Act Of Casting Aspersion On Judge: Delhi High Court Imposes ₹5K Cost On Contemnor

Live Law  

Closing the contempt proceedings against a person, the Delhi High Court observed that the anxiety, which the man went through during the trial of the case filed by his former wife, does not justify the actions of casting aspersion on a judicial officer.Justice Manmeet Pritam Singh Arora accepted the unconditional apology tendered by him, with a warning to exercise restraint …

Witness Must Not Be Re-Summoned In Sexual Offence Cases Where Cross Examination Conducted Extensively: Delhi High Court
2 years, 3 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 …

Delhi High Court Dismisses Ex-CFO's Plea Against PwC Ltd Seeking Action For Criminal Defamation
2 years, 4 months ago

Delhi High Court Dismisses Ex-CFO's Plea Against PwC Ltd Seeking Action For Criminal Defamation

Live Law  

The Delhi High Court has observed that criminal liability cannot be fastened on the basis of a person holding a position in any company, with nothing more to specify the role played by such a person in the commission of a crime. Justice Asha Menon made the observation while dismissing a plea filed by a former Chief Finance Officer of …

Delhi High Court refuses to quash FIR against a man on molestation allegations
2 years, 4 months ago

Delhi High Court refuses to quash FIR against a man on molestation allegations

Firstpost  

The accused had to resign from his lucrative job in the United Nations following the complainant’s letter to his organisation New Delhi: The Delhi High Court has refused to quash an FIR against a man on molestation allegations and directed that the woman will have to pay damages to the accused in case he is acquitted by the trial court. …

Delhi Court Acquits CM Arvind Kejriwal, Manish Sisodia & Yogender Yadav In 2013 Criminal Defamation Case Filed By Advocate
2 years, 4 months ago

Delhi Court Acquits CM Arvind Kejriwal, Manish Sisodia & Yogender Yadav In 2013 Criminal Defamation Case Filed By Advocate

Live Law  

A Delhi Court today acquitted Chief Minister Arvind Kejriwal, Deputy Chief Minister Manish Sisodia and former Aam Aadmi Party leader Yogender Yadav in a 2013 criminal defamation case filed by an advocate. "Culpability can be attached to the Accused persons only if it is proved that they have committed the alleged offence, which in this case, the Complainant failed to …

Court May Note Objections On Oral Evidence During Trial, Admissibility To Be Decided While Pronouncing Verdict & Not At Time Of Examination: Delhi HC
2 years, 7 months ago

Court May Note Objections On Oral Evidence During Trial, Admissibility To Be Decided While Pronouncing Verdict & Not At Time Of Examination: Delhi HC

Live Law  

The Delhi High Court has observed that the question whether the evidence is to be included or excluded from consideration while pronouncing the final verdict is to be taken at the end and not at the time of examination.Justice Jasmeet Singh added that where the Court finds that any question put by the defense is inadmissible or not relevant, it …

Every Lawyer Appearing For Client Has A Right Of Fair Hearing Irrespective Of Who The Complainant Is: Delhi High Court
2 years, 7 months ago

Every Lawyer Appearing For Client Has A Right Of Fair Hearing Irrespective Of Who The Complainant Is: Delhi High Court

Live Law  

"Every lawyer, who appears for his client, has a right of fair hearing, irrespective of who the complainant is," the Delhi High Court has recently observed recently.Justice Talwant Singh was dealing with a plea filed by seven accused persons seeking anticipatory bail directly in the High Court after claiming that since the complainant was an advocate, a fair hearing before …

Accused Can't Claim De Novo Trial As A Matter Of Right Unless Claim Of Counsel's Ineffectiveness Is Proved To Satisfaction Of Court: Delhi HC
2 years, 8 months ago

Accused Can't Claim De Novo Trial As A Matter Of Right Unless Claim Of Counsel's Ineffectiveness Is Proved To Satisfaction Of Court: Delhi HC

Live Law  

The Delhi High Court has observed that an accused cannot, as a matter of right claim de novo trial, except where he is able to show and prove his claim of ineffectiveness of counsel's assistance and his representation falling below an objective standard of reasonableness, to the satisfaction of the court. The instant plea filed by the accused sought directions …

Delhi High Court Dismisses Allegations Of False Implication Against Complainant, Cites Law On Appreciation Of Injured Witness' Testimony
2 years, 11 months 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 Issues Notice On MJ Akbar's Plea Against Priya Ramani's Acquittal In Criminal Defamation Case
3 years, 4 months ago

Delhi High Court Issues Notice On MJ Akbar's Plea Against Priya Ramani's Acquittal In Criminal Defamation Case

Live Law  

The Delhi High Court today issued notice on an appeal preferred by former Union Minister MJ Akbar, challenging the acquittal of journalist Priya Ramani in the criminal defamation case filed by him over the "metoo" sexual harassment allegations made by her.Justice Mukta Gupta issued notice to the Respondent and fixed the case for hearing on January 13, 2022.The Court heard …

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement
3 years, 5 months ago

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement

Live Law  

The Supreme Court quashed a rape case after taking into account the mediated settlement arrived between the accused and the prosecutrix.In this case, the girl had filed a complaint against the accused, alleging that he had sexual relationship with her by misrepresenting to her that he is divorced.The accused later approached the Delhi High Court seeking quashing of the criminal …

Mere Enmity Even If Proved Cannot Be A Ground To Discard Witness's Evidence: Kerala High Court
3 years, 5 months ago

Mere Enmity Even If Proved Cannot Be A Ground To Discard Witness's Evidence: Kerala High Court

Live Law  

Mere enmity, even if it is proved cannot be a ground to discard the evidence, if the such evidence is found to be reliable, the Kerala High Court observed while upholding conviction of an accused in a murder case on the basis of evidence given by his wife.In this case, one of the contentions raised by the accused was that …

Accused Can Be Summoned U/s 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Supreme Court
3 years, 9 months 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 …

Delhi High Court Expedites Trial In 40-Yr-Old Suit Pending Before Trial Court
4 years, 1 month ago

Delhi High Court Expedites Trial In 40-Yr-Old Suit Pending Before Trial Court

Live Law  

Delhi High Court on Friday issued directions for expediting hearing of a 40 years old suit, pending before the Trial Court since February 1980. Without getting into the controversy of what caused the delay in adjudication, a Bench of Justice Sanjeev Sachdeva observed that "since the Suit has been pending for over 41, trial court is directed to expedite the …

Delhi High Court Stays Trial In 'Larger Conspiracy Case' Till Further Orders
4 years, 1 month ago

Delhi High Court Stays Trial In 'Larger Conspiracy Case' Till Further Orders

Live Law  

The Delhi High Court on Tuesday stayed the trial in the "larger conspiracy" case in the Northeast Delhi violence which took place in February 2020. ASJ, Karkardooma Court's orders Significantly, on October 9, the ASJ, Karkardooma Court Amitabh Rawat had directed the police to file fresh copies of the charge sheet, running over 18,000 pages, after it was informed to …

A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]
5 years, 1 month ago

A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]

Live Law  

Delhi High Court has held that the order of the trial court on charge need not be a lengthy or a detailed one. Such an order should indicate that in the opinion of the trial court a prima facie case is made out. It was contended that no reason has been assigned as to on what basis the trial court …

Plea For Curbing Media Reporting Of A Case Can Only Be Moved In The Court Where The Original Matter Is Pending: Delhi HC [Read Order]
5 years, 2 months ago

Plea For Curbing Media Reporting Of A Case Can Only Be Moved In The Court Where The Original Matter Is Pending: Delhi HC [Read Order]

Live Law  

Delhi High Court has held that application for curbing or postponing media reporting of a case can only be moved in the court which is hearing the case on merits, and not any other court. In the present case, the Petitioner had filed an application seeking court's direction to stop the defendant from giving information about her sexual harassment at …

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