Accused Can Apply To Defer Cross-Examination: Madras HC [Read Judgment]
8 years, 2 months 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 the witness or witnesses have. 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. He stated, ‘When a specific proviso to sub Section 3 permits to make such an application for deferring the cross-examination of P.W.3, in this case, it would be proper to allow the application by deferring the cross-examination of P.W.3, till the completion of chief examination of other witnesses i.e., L.Ws.4 and 11 to speak about the demand of bribe on the trap proceedings.’ The accused in an alleged bribery trap case had filed a revision petition seeking directions to the trial court to defer the cross examination of P.W.3 till L.W.4 and L.W.11 are examined in chief, in the interest of justice and fair trial. The court dismissed the contentions of the government pleader and observed that since L.Ws.4 and 11 were not produced by the prosecution for examination on the date and hence, the petitioner filed for deferring the cross-examination of P.W.3 till L.Ws.4 and 11 are produced and examined by the prosecution and stated, ‘In the above stated scenario, the accused is entitled to file the impugned petition for deferring cross-examination of P.W.3, till other witnesses, who speak about same set of facts are produced by the prosecution, in the interest of justice and also fair trial.’ Read the Judgment here.

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History of this topic

While Deciding Application Under S.319 CrPC, Court Must Consider Cross-examination As Well : Supreme Court
4 months ago

While Deciding Application Under S.319 CrPC, Court Must Consider Cross-examination As Well : Supreme Court

Live Law  

In a recent case, the Supreme Court observed that the summoning of an additional accused under Section 319 Cr.P.C. The Court said that due credence must be also given to the prosecution witness cross-examination, if exists, before the filing of the application under Section 319 Cr.P.C. The appellant pleaded that since both the examination in chief, as well as the …

While Deciding Application Under S.319 CrPC, Court Must Consider Cross-examination As Well : Supreme Court
4 months ago

While Deciding Application Under S.319 CrPC, Court Must Consider Cross-examination As Well : Supreme Court

Live Law  

In a recent case, the Supreme Court observed that the summoning of an additional accused under Section 319 Cr.P.C. The Court said that due credence must be also given to the prosecution witness cross-examination, if exists, before the filing of the application under Section 319 Cr.P.C. The appellant pleaded that since both the examination in chief, as well as the …

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, 1 week 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. …

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 …

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 …

S.33(5) POCSO Act Does Not Mean Accused Will Not Be Given Any Opportunity To Cross- Examine Prosecutrix: Karnataka High Court
2 years ago

S.33(5) POCSO Act Does Not Mean Accused Will Not Be Given Any Opportunity To Cross- Examine Prosecutrix: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order passed by the Special Court which rejected the application made by an accused being tried under the provisions of the Protection of Children from Sexual Offences Act, to recall the prosecutrix from cross-examination. A single judge bench of Justice K Natarajan observed, “Of course, as per Section 33 of the POCSO …

Application For Further Investigation Can Be Filed Even After Commencement Of Trial: Madras High Court
2 years, 8 months ago

Application For Further Investigation Can Be Filed Even After Commencement Of Trial: Madras High Court

Live Law  

While allowing a revision of the order of the Judicial Magistrate rejecting the application for further investigation, the Madras High Court recently observed that an application for further investigation can be made even after the commencement of trial. Justice Bharatha Chakravarthy observed as under: Section 173 of Cr.P.C., does not place any fetter on the Police to conduct further investigation …

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 …

Try To Complete Cross-Examination Of Witness On Same Day : Supreme Court
2 years, 11 months ago

Try To Complete Cross-Examination Of Witness On Same Day : Supreme Court

Live Law  

The Supreme Court has observed that once the witness is in the witness box and is being cross examined, every endeavour must be made to ensure that the cross examination is completed on that day. The bench of Justices SK Kaul and MM Sundresh rendered this observation while considering a SLP assailing Allahabad High Court's order dated March 19, 2021. …

'Right To Cross-Examination Part Of Right To Fair Trial': Chhattisgarh High Court Allows Plea Of Accused To Recall Prosecutrix In POCSO Case
3 years ago

'Right To Cross-Examination Part Of Right To Fair Trial': Chhattisgarh High Court Allows Plea Of Accused To Recall Prosecutrix In POCSO Case

Live Law  

The Chhattisgarh High Court recently held that the right to cross-examination is a part of right to fair trial which every person has in the spirit of right to life and personal liberty. Justice Rajani Dubey thus set aside the decision of the lower court and permitted the re-examination of the prosecutrix in a POCSO case. The Court referred to …

Accused Charged With Serious Offence Must Not Be Stripped Of The Valuable Right Of Impartial Trial: Allahabad HC
3 years, 1 month ago

Accused Charged With Serious Offence Must Not Be Stripped Of The Valuable Right Of Impartial Trial: Allahabad HC

Live Law  

The Allahabad High Court on Wednesday observed that an accused who is charged with a serious offence, must not be stripped of his/her valuable right of a fair and impartial trial because it would be a negation of the concept of due process of law.The Bench of Justice Sanjay Kumar Singh observed thus while dealing with a 482 CrPC Application …

Credibility Of Witness Can Be Established Only After Cross-Examination By The Accused: Allahabad HC [Read Judgment]
5 years, 1 month ago

Credibility Of Witness Can Be Established Only After Cross-Examination By The Accused: Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court has reiterated that the credibility of any witness can be established only after the said witness is put to cross-examination by the accused persons, in connection with the charged offence. Justice Ajit Singh held that the trial court had committed an error in not providing an opportunity to the Petitioner-accused to cross examine the prosecution witnesses, …

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, 2 months 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 …

Victims and Witnesses are Guests of Court: Madras HC [Read Order]
8 years, 6 months ago

Victims and Witnesses are Guests of Court: Madras HC [Read Order]

Live Law  

Madras High Court has recently directed the Trial Courts to treat victims and witnesses as Court’s Guests.Justice Dr.P.Devadass was considering applications under Section 482 of Code of Criminal Procedure filed by Accused persons in a corruption Case, challenging the Order of Special Judge by which he dismissed their Petitions to re-call the witnesses for cross examination.The Counsel for. Madras High …

Victims and Witnesses are Guests of Court: Madras HC [Read Order]
8 years, 6 months ago

Victims and Witnesses are Guests of Court: Madras HC [Read Order]

Live Law  

Madras High Court has recently directed the Trial Courts to treat victims and witnesses as Court’s Guests.Justice Dr.P.Devadass was considering applications under Section 482 of Code of Criminal Procedure filed by Accused persons in a corruption Case, challenging the Order of Special Judge by which he dismissed their Petitions to re-call the witnesses for cross examination.The Counsel for. Madras High …

"Deferring cross examination for a long time is anathema to the concept of fair trail": SC directs circulation of judgment among trial Judges
10 years, 2 months ago

"Deferring cross examination for a long time is anathema to the concept of fair trail": SC directs circulation of judgment among trial Judges

Live Law  

A Supreme Court Bench comprising of Justice Dipak Misra and Justice R.F. Nariman, while dismissing an Appeal and confirming the conviction of the appellant under Prevention of Corruption Act expressed their anguish over the manner in which trials in respect of serious offences relating to corruption are being conducted by the trial courts. It hence directed that the copies of …

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