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

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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 required to submit their explanation regarding their previous statement given under Section 161 CrPC supporting the prosecution case, however, the trial Court did not seek their explanation. They were required to submit their explanation regarding their previous statement given under Section 161 CrPC supporting the prosecution case,” the Court remarked. It may be noted that recently, the Supreme Court observed that Section 162 CrPC does not affect a Court's power to look into documents or put questions to witnesses suo motu to contradict them. The first proviso says that when any witness, whose statement has been reduced into writing by the police in accordance with the provisions of the CrPC, is called for the prosecution in inquiry or trial, the accused, with the permission of the court, may contradict the witnesses in the manner provided by Section 145 of the Evidence Act.

History of this topic

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