Search Results for Tag : Witnesses

News

Allahabad HC: Co-Accused Cannot be Convicted if Main Accused Acquitted After Examination(31.03.2022)

Allahabad High Court has held that in view of the testimony of witnesses if one accused is acquitted, no criminal proceeding can be sustained against .....

Tags : Allahabad High Court, testimony of witnesses, criminal proceeding

Eye Witnesses’ Evidence Can’t Be Doubted for Failure to Save Deceased: Supreme Court(12.07.2018)

Supreme Court has reiterated that evidence of the eye witnesses cannot be doubted on the ground that they did not intervene in the attack nor made att.....

Tags : Supreme Court, Eye Witnesses

Supreme Court: Need to Protect Witnesses for Better Conviction Rate(28.11.2016)

Supreme Court has expressed concern over recent "phenomenon" where witnesses are turning hostile in high-profile cases to frustrate justice delivery s.....

Tags : Supreme Court, hostile, witnesses, justice delivery system

Rajasthan HC: Trial Court Required to Ascertain Only Prima-Facie Relevancy of Proposed Witnesses(04.07.2022)

Rajasthan High Court has held that trial Court is required to prima-facie ascertain the relevancy and requirement of the proposed witnesses while deci.....

Tags : Rajasthan High Court, Prima-Facie, Proposed Witnesses

Delhi HC: Right To Lead Evidence May Be Closed If Party Acts In 'Recalcitrant Fashion'(20.05.2022)

Delhi High Court has held that where a party is acting in a recalcitrant fashion, and refusing to make the witness available for examination or cross-.....

Tags : Delhi High Court, Right to lead Evidence, Examination, Witnesses

SC Dismisses Chhattisgarh Govt.'s Plea for Examination of Additional Witnesses(29.09.2020)

Supreme Court has dismissed an appeal filed by State of Chhattisgarh against the order of the Chhattisgarh High Court which dismissed its plea seeking.....

Tags : Supreme Court, Examination of Additional Witnesses, Jheeram Ghati Naxal attack

Successive Applications for Recalling Witnesses Should Not be Encouraged: SC(12.02.2019)

Supreme Court has observed that filing of successive applications for recall of a witness under Section 311 of the Code of Criminal Procedure should n.....

Tags : Supreme Court, Recalling Witnesses

Kerala HC: Trial Judges Do Not Have Discretion to Prune or Reject List of Witnesses(20.01.2021)

Kerala High Court has observed that the trial Judges do not have absolute discretion to prune or reject the list of witnesses submitted by the accused.....

Tags : Kerala High Court, List of Witnesses

Examination of Witnesses in Absence of Accused is Curable Irregularity: SC(12.04.2019)

Supreme Court has held that absence of the accused while taking evidence of prosecution witnesses, by itself, would not vitiate the trial, unless grea.....

Tags : Supreme Court, Examination of witnesses

Delhi Court Casts Distrust on Credibility of Police Witnesses, Grants Bail to One on Ground of Parity(30.03.2021)

Delhi Court has granted bail to one Amit Goswami in relation to the north east Delhi riots on the ground of parity while casting "serious doubt” on th.....

Tags : Delhi Court, Police Witnesses

Madras High Court: Practice of Recalling Witnesses Repeatedly Should be Stopped(20.06.2019)

Madras High Court has held that the practice of treating petitions under Section 311 of the Code of Criminal Procedure, 1973 in a casual manner and r.....

Tags : Madras High Court, Recalling Witnesses

SC: While Recording Statement Involving Large Number of Prosecution Witnesses, Utilize S.313(5) CrPC(16.05.2023)

Supreme Court has opined that while recording statement under Section 313 of CrPC in cases involving large number of prosecution witnesses, Judicial O.....

Tags : Supreme Court, Statement, CrPC, Prosecution Witnesses

SC: Courts Must Make Preliminary Examination of Child Witnesses Before Recording Evidence(06.07.2023)

Supreme Court has held that before recording evidence of a minor/child witness, it is the duty of a Judicial Officer to ask preliminary questions to h.....

Tags : Supreme Court, Child Witnesses, Preliminary Examination, Evidence

SC Sets Aside P&H HC’s Directions on Appearance of Prosecution Witnesses(14.08.2023)

Supreme Court has set aside directions issued by the Punjab & Haryana High Court in 2022 regarding the issuance of summons to prosecution witnesses in.....

Tags : Supreme Court, Directions, Prosecution Witnesses, Appearance

Orissa High Court: Access to Justice is Right(02.11.2017)

Orissa High Court has ruled that access to justice cannot be denied to a person, who is unable to pay expenses of the witnesses, whom he or she wants .....

Tags : Orissa High Court, Justice, Witnesses

Ker HC: Non-Conduct of TIP is Fatal if Witnesses Not Familiar with Accused at the Time of Occurrence(16.08.2023)

Kerala High Court has held that in cases where witnesses were not familiar with accused at the time of occurrence, the non-conduct of test identificat.....

Tags : Kerala High Court, Test Identification Parade, Witnesses

Delhi HC to Courts: Be Sensitive to Disabled Witnesses(28.06.2016)

Delhi HC, while awarding a five-year rigorous imprisonment term to accused for molesting a deaf-and-mute minor girl, has said that courts must be sens.....

Tags : Delhi HC, Disabled Witnesses

MP HC to DGP: Think of Creating WhatsApp Groups for Purpose of Summoning Witnesses(26.09.2023)

Madhya Pradesh High Court has directed Director General of Police (DGP) and Director, Prosecution to take suggestion from police officers and other ex.....

Tags : Madhya Pradesh High Court, WhatsApp Groups, Summon, Protection, Witnesses

Mad. HC: Record Statements of Witnesses u/s 161 CrPC Using Electronic Means atleast in Serious Crime(28.09.2023)

Madras High Court has directed Principal Secretary, Home Department and the Director General of Police to record statements of witnesses under Section.....

Tags : Madras High Court, CrPC, Witnesses, Statement

SC Issues Principles to be Followed in Case of Multiple Dying Declarations(20.10.2023)

Supreme Court while laying down principles to be followed in cases where there are multiple dying declarations, and clarified that evidence given by i.....

Tags : Supreme Court, Dying Declarations, Witnesses

Del. HC: Cross Examination of Overseas/Outstation Witnesses can be Done Through VC(23.10.2023)

Delhi High Court has held that in the case of overseas/outstation witnesses if for any reason such witnesses cannot travel and the reason is found to .....

Tags : Delhi High Court, Cross Examination, Overseas/Outstation Witnesses

SC: Court’s Duty to Witnesses Aren’t Under Any Threat to Prevent them from Deposing Truthfully(23.10.2023)

Supreme Court has observed that Courts are under an onerous duty to ensure that perpetrators of the crime do not go unpunished; witnesses aren’t under.....

Tags : Supreme Court, Witnesses, Threat, Deposing

Madras HC: Witnesses Must Depose When They Receive Summons(13.05.2016)

Madras High Court has held that It is public duty of witnesses in criminal case to give evidence whenever they receive summons from a court of law and.....

Tags : Madras High Court, Witnesses

Delhi High Court: No Legal Bar to Base Conviction upon Corroborated Testimonies of Hostile Witnesses(26.11.2019)

Delhi High Court has reiterated that evidence of a hostile witness if corroborated by other material evidence may form the basis of conviction of an A.....

Tags : Delhi High Court, Hostile Witnesses

All. HC: Prosectution Witness Already Cross-Examined Can’t be Compelled to Re-Appear(12.01.2024)

Allahabad High Court has held that a prosecution witnesses who have already put in appearance at the time of prosecution evidence and have been cross-.....

Tags : Allahabad High Court, Witnesses, Cross-Examined, Magistrate

Madras HC: Trial Courts Can Examine Witnesses at Any Stage(30.05.2016)

Madras HC has said that trial courts were empowered to accept prosecution’s plea to summon and examine additional witnesses, who had not been listed i.....

Tags : Madras HC, Witnesses

Gauhati HC: Can’t Shift Burden of Proof on Accused if Multiple Witnesses of Crime Present(28.02.2024)

Gauhati High Court has held that when the offence was allegedly committed in daylight in the presence of witnesses then by applying the provisions of .....

Tags : Gauhati High Court, Burden of Proof, Multiple Witnesses

MP HC: When Prosecution Case Based on Police Witnesses, Their Testimonies Subject to Strict Scrutiny(07.03.2024)

While setting aside the conviction in a rioting case of 2016 where police authorities themselves were the complainants, the Madhya Pradesh High Court .....

Tags : Madhya Pradesh High Court , police witnesses

MP HC: Change of Counsel Not Ground to Recall Witnesses u/s 311 CrPC(03.03.2022)

Madhya Pradesh High Court has dismissed a criminal revision, whereby the Applicant was praying for re-examination of witnesses in a trial, holding tha.....

Tags : Madhya Pradesh High Court, Change of Counsel, Recall Witnesses

Orissa HC: Right of Accused to Recall Witnesses u/s 311 CrPC Cannot be Denied(07.03.2022)

Orissa High Court has ruled that the right of an accused to recall witnesses under Section 311 of the Code of Criminal Procedure, 1973 cannot be denie.....

Tags : Orissa High Court, Right of Accused to Recall Witnesses

Delhi HC Issues Directions for Streamlining Recording of Victims/Witnesses Testimonies(04.03.2020)

Delhi High Court has issued a series of directions to the Delhi Government, Delhi Police and the Trial Courts, to make the process for collecting the .....

Tags : Delhi High Court, Streamlining Recording of Victims/Witnesses Testimonies

Judgments

Evidence by video conferencing in open court should be only if witness is in a country having extradition treaty with India(16.02.2017)

Aggrieved by order passed by Special Judge disposing of an application filed by CBI seeking permission to examine some foreign based witnesses through.....

Tags : Witnesses, Examination, Video-conferencing

Statement of person relied upon in confirming demand be allowed to be cross-examined(13.06.2017)

Appellants are engaged in manufacture of copper tubes and availed benefit of CENVAT credit on various inputs, including copper ingots. On basis of inv.....

Tags : Witnesses, Cross-examination, Demand, Confirmation

Testimony of an injured witness can be acted upon even without any corroboration as he is having a special status in law(16.11.2018)

Present Criminal Appeal is preferred by the Appellants who have been convicted by the learned Sessions Judge, vide impugned judgment and sentenced to .....

Tags : Conviction, Legality, Witnesses, Credibility

Present appeal is presented by the convicted Accused against the concurrent judgments of conviction and sentence passed by the Additional Sessions Jud.....

Tags : Conviction, Testimony, Eye-witnesses, Validity

If the circumstance is sought to be proved by a solitary witness then the Court has to be conscious on relying that solitary evidence(01.10.2020)

The State of Bihar has challenged the judgment of acquittal passed by the learned 2nd Additional Sessions Judge, whereby Respondent nos. 1 to 3 have b.....

Tags : Acquittal, Evidence, Witnesses

Minor Contradictions cannot be the basis to discredit witnesses' testimony(26.03.2021)

Present appeal is filed by the accused aggrieved by the judgment and order of conviction and sentence in Criminal Appeal passed by the High Court. Cas.....

Tags : Conviction, Testimony, Witnesses

Confession though retracted is an admission and binds the Petitioner(31.03.2022)

Present appeal has been filled against the Order-in- Original adjudicating authority vide which the request for cross examination of panch-witnesses a.....

Tags : cross examination, Panch-witnesses, Request

If law provides for a particular manner in which a particular thing is to be done, it should be done in that way only and none other(22.02.2019)

The present petitions is preferred for quashing the impugned orders passed by the Respondent No. 2 and restore the order dated April 10, 2017. Consequ.....

Tags : Cross examination, Right, Expert witnesses