Validly Recorded Cross-Examination Evidence Can't Be Eschewd But Court Can Assess Its Probative Value During Final Evaluation Of Case: Madras HC
4 months ago

Validly Recorded Cross-Examination Evidence Can't Be Eschewd But Court Can Assess Its Probative Value During Final Evaluation Of Case: Madras HC

Live Law  

In a recent case, the Madras High Court dismissed the application to eschew the cross-examination evidence of a defendant witness from the proceedings. The bench comprising Justice S.S. Sundar and Justice A.D. Maria Clete noted that once cross-examination evidence is validly recorded under oath, it cannot be expunged from the proceedings, as the statutory provisions do not permit such an. The bench comprising Justice S.S. Sundar and Justice A.D. Maria Clete noted that once cross-examination evidence is validly recorded under oath, it cannot be expunged from the proceedings, as the statutory provisions do not permit such an action. “If a witness has been cross-examined under oath and an objection arises later concerning the interest of the party who cross-examined the witness, questioning its adverseness and the priority of cross-examination, the previously recorded evidence cannot be eschewed.

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History of this topic

Cross-Examination Necessary For Arriving At Fair Trial, It Is Not Whims Of Adjudicating Authority To Allow Or Reject Request: CESTAT
11 months, 2 weeks ago

Cross-Examination Necessary For Arriving At Fair Trial, It Is Not Whims Of Adjudicating Authority To Allow Or Reject Request: CESTAT

Live Law  

The Ahmedabad bench of the Customs, Excise, and Service Tax Appellate Tribunal has held that cross-examination is necessary for arriving at a fair trial.The bench of Ramesh Nair and Raju has observed that, as per Section 9D of the Central Excise Act, it is not the whims of the adjudicating authority to allow or reject the request. The Ahmedabad bench …

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates
2 years, 7 months ago

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates

Live Law  

The Madras High Court recently set aside an order of conviction of a man accused of murder after observing that the trial court was misled in corroborating the statement of witnesses recorded under S. 164 CrPC with the medical evidence when in fact all the independent witnesses had turned hostile. The trial court had erred in relying upon the statements …

High Court Shall Apply Its Mind To The Entirety Of The Case While Deciding A Criminal Appeal, Reiterates Supreme Court
3 years, 10 months ago

High Court Shall Apply Its Mind To The Entirety Of The Case While Deciding A Criminal Appeal, Reiterates Supreme Court

Live Law  

While deciding a criminal appeal on merits, the High Court is required to apply its mind to the entirety of the case including the evidence on the record before arriving at its conclusion, the Supreme Court reiterated.The bench of Justices DY Chandrachud and MR Shah observed thus while allowing an appeal against an Allahabad High Court judgment which reversed the …

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 …

Accused Can Apply To Defer Cross-Examination: Madras HC [Read Judgment]
8 years, 1 month ago

Accused Can Apply To Defer Cross-Examination: Madras HC [Read Judgment]

Live Law  

The Madras High Court has allowed a revision petition by an accused in a bribery trap case and held that an accused is entitled to apply for deferring the cross-examination.Justice AM Basheer Ahamed set aside orders of the trial court and cited proviso to Section 242 of CrPC, which permits cross-examination of any witnesses to be deferred until any of …

Accused Can Apply To Defer Cross-Examination: Madras HC [Read Judgment]
8 years, 1 month ago

Accused Can Apply To Defer Cross-Examination: Madras HC [Read Judgment]

Live Law  

The Madras High Court has allowed a revision petition by an accused in a bribery trap case and held that an accused is entitled to apply for deferring the cross-examination.Justice AM Basheer Ahamed set aside orders of the trial court and cited proviso to Section 242 of CrPC, which permits cross-examination of any witnesses to be deferred until any of …

Don't argue on evidence at this stage, Bench tells Nupur Talwar
12 years, 10 months ago

Don't argue on evidence at this stage, Bench tells Nupur Talwar

The Hindu  

The Supreme Court on Wednesday termed as “premature” the arguments of dentist Nupur Talwar for quashing of proceedings against her on the basis of alleged lacunae in evidence in the twin murder case of her daughter Aarushi and domestic help Hemraj. “These things have to be decided by the trial court on the basis of cross examination,” a Bench of …

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