26 May 2020

Search Results for Tag : Witness


Inconsistent witness testimony fails to deter SC from relying on it(16.06.2016)

The Supreme Court overlooked discrepancies in the testimony of a prosecution witness, and upheld the conviction on its basis, determining the inconsis.....

Tags : assault, prosecution witness, discrepancy


Bombay High Court quashes unsubstantiated externment order(21.06.2016)

The Bombay High Court quashed an order of externment - excluding a person from a city or district - against an accused for procedural insufficiencies .....

Tags : externment, witness intimidation, in-camera testimony


Testimony of sole witness can be relied upon in cases of mob violence(29.09.2015)

Deliberating on whether the principle espoused in Masalti v. State of U.P. would require consistent testimonies of more than one witness in cases invo.....

Tags : Mob, unlawful, sole, witness, testimony


Court cannot rely on unreliable witness to convict one and acquit another(03.03.2016)

An undependable and unreliable witness’s testimony cannot be split to grant benefit to some co-accused in the crime, while maintaining conviction of a.....

Tags : Unreliable witness, split testimony, acquittal


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


Tribunal has power to recall witness on ground of mistake of an Advocate(28.04.2017)

Challenge in present petition is to order, by which learned Presiding Officer of Industrial Tribunal dismissed Petitioner's application for recall of .....

Tags : Cross-examination, Recall, Witness


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


If evidence of an eyewitness, though a close relative of victim, inspires confidence, it must be relied upon(15.05.2018)

Instant appeal is against the judgment passed by the High Court of Jammu and Kashmir. By the said judgment, the High Court reversed the order of acqui.....

Tags : Conviction, Eye-witness, Evidence


Trial Court has power to summon any person as a witness, if his evidence appears to it to be essential to just decision of case(02.07.2018)

Petitioner/Accused impugns order, whereby, on an application under Section 311 of the Code of Criminal Procedure, 1973 (Cr.P.C.) filed by the Petition.....

Tags : Witness, Evidence, Summon


Principles of natural justice brings within its wake a right to cross-examine a witness produced in a proceeding(23.07.2018)

The Petitioner assails an order in original dated February 13, 2018. The Petitioner submits that, the impugned order stands vitiated by breach of prin.....

Tags : Natural justice, Cross-examination, Witness


Examination of any particular number of witnesses is not required for proving prosecution case and reliance can be placed on solitary witness(04.10.2018)

Present appeal has been preferred by the Appellant assailing the judgment and order of conviction passed by the trial Court. By virtue of the impugned.....

Tags : Solitary witness, Conviction, Validity


Deposition of an injured witness should be relied upon unless there are strong grounds for rejection of his evidence(03.01.2019)

In present matter, FIR was lodged under Sections 323, 324 of Indian Penal Code, 1860 (IPC) against four persons alleging that, on 18th February, 1985,.....

Tags : Conviction, Injured witness, Evidence


A related witness cannot be said to be an 'interested' witness merely by virtue of being a relative of victim(19.02.2019)

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 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


Re-examination of a witness by party calling the witness is a right conferred under statute and unless such a right is declined, a party cannot be denied the opportunity to re-examine witness(11.06.2019)

Present Petition had been preferred against the order passed by the learned Sessions Judge, by means of which the learned trial Court had allowed the .....

Tags : Recall, Witness, Cross examination, Legality


Powers to summon any witness can be invoked at any stage of inquiry or trial, if such evidence appears to the Court to be essential(09.08.2019)

The present criminal revision petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of order passed by learn.....

Tags : Witness, Summon, Proceedings, Quashing of


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


Notifications & Circulars

Witness Protection Scheme(10.07.2019)

Witness Protection Scheme, 2018 provides for protection of witnesses based on the threat assessment and protection measures inter alia include protect.....

Tags : Threat perception, Scheme, Witness Protection



Delhi High Court: Non-Joining of Public Witnesses Not Sufficient to Doubt Police Witnesses(22.07.2019)

Delhi High Court has ruled that merely non-joining of any public witness at the time of recovery of weapons does not raise doubt as to the truthfulnes.....

Tags : Delhi High Court, Police Witness


Supreme Court: How to Determine Capability of Child Witness(25.07.2019)

Supreme Court has ruled that child witness in a criminal case cannot be termed incompetent just because they were unable to identify the person before.....

Tags : Supreme Court, Child Witness


CRIMINAL - Mere Disclosure of Names by Witnesses During Trial Not Enough to Add Person as Additional Accused: SC(14.03.2019)

Supreme Court has observed that mere disclosure of names of some persons by witnesses during trial cannot be said to be strong and cogent evidence to .....

Tags : Supreme Court, Section 319 of the Criminal Procedure Code, Witness


CRIMINAL - Mere Disclosure of Names by Witness During Trial Not Enough to Add Person as Additional Accused: SC(14.03.2019)

Supreme Court has observed that mere disclosure of names of some persons by witnesses during trial cannot be said to be strong and cogent evidence to .....

Tags : Supreme Court, Section 319 of the Criminal Procedure Code, Witness


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


Witness can be Called 'Interested' Only When He Derives Benefit Seeing Accused Person Punished: SC(29.04.2019)

Supreme Court has observed, while rejecting a defence contention in a criminal appeal, that the witness may be called "interested" only when he or she.....

Tags : Supreme Court, Witness


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


Supreme Court Gives Green Signal to 24x7 Witness Protection Scheme(06.12.2018)

Supreme Court has directed state governments to provide round-the-clock police protection to witnesses who face threats for deposing against those acc.....

Tags : Supreme Court, Witness Protection Scheme


Chhattisgarh High Court: Evidence of Child Witness if Found Competent Could be Basis of Conviction(02.09.2019)

Chhattisgarh High Court has ruled that testimony of a child witness can be the sole basis for conviction in a criminal trial. The Court observed that .....

Tags : Chhattisgarh High Court, Child Witness


Patna High Court: Signs and Gestures Made by Dumb Witness have Evidentiary Value(16.09.2019)

Patna High Court has clarified that signs and gestures made by nods or head by a dumb witness possess evidentiary value. The Court also noted that Sec.....

Tags : Patna High Court, Dumb Witness


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


SC:Non Examination of Independent Witness by Prosecution Does not Mean Accused was Falsely Implicated(07.01.2020)

Supreme Court has reiterated in a trial under Narcotic Drugs and Psychotropic Substances Act, 1985 that merely because the prosecution did not examine.....

Tags : SC, Non Examination of Independent Witness


Bombay High Court: Cross-Examination Not Restricted to What Witness States in Examination-in-Chief(20.01.2020)

Bombay High Court has said that in certain cases the cross-examination cannot be limited to the contents of the examination-in-chief and may go beyond.....

Tags : Bombay High Court, Cross- Examination of Witness


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


Man Deposed About Parents' Murder He Witnessed When He was Six: Tripura HC Upholds Conviction(28.01.2019)

Tripura High Court has upheld a Trial Court judgment convicting an accused for a murder that took place about three decades ago, relying on the deposi.....

Tags : Tripura High Court, Man Deposed About Parents' Murder He Witnessed When He was Six


Lawyer of Opposite Party can be Summoned As Witness: Kerala HC(29.01.2019)

Kerala High Court has held that a lawyer of an opposite party can be summoned as witness, in cases where his examination is justified by the circumsta.....

Tags : Kerela High Court, Lawyer of Opposite Party can be Summoned As Witness


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


Non-Examination of 'Best Witness' Not Fatal in MACT Cases: SC(15.02.2019)

Supreme Court has observed that non examination of 'best witness' in Motor Accident Claim cases is not fatal and said that approach in examining evide.....

Tags : Supreme Court, Non-Examination of 'Best Witness', MACT Cases


CRIMINAL - Merely Part of Witness Testimony was Found False, Entire Testimony can't Be Discarded: SC(22.02.2019)

Supreme Court has held that entire testimony of witnesses cannot be discarded only because, in certain aspects, part of the statement has not been bel.....

Tags : Supreme Court, Witness Testimony


CRIMINAL - Entire Testimony can't be Discarded Merely Because Part of Witness Testimony was Found False: SC(22.02.2019)

Supreme Court has held that entire testimony of witnesses cannot be discarded only because, in certain aspects, part of the statement has not been bel.....

Tags : Supreme Court, Witness Testimony


Supreme Court Issues Directions on Examination of Witnesses in Criminal Trial(31.10.2018)

Supreme Court has listed out ‘practical guidelines’ to be followed by trial courts in the conduct of a criminal trial, ‘as far as possible’.

Tags : Supreme Court, Witness Examination


Eye Witnesses’ Evidence Can’t Be Doubted on Ground That They Made No Attempts to Save Deceased: SC(17.09.2018)

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

Tags : Supreme Court, Eye Witness Evidence


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


Eyewitness Account Outweighs Motive in Settling a Criminal Case: Hyderabad High Court(18.06.2018)

Hyderabad High Court has held that in an incident of attack, absence of motive may not be fatal to the case of the prosecution if it is proved beyond .....

Tags : Hyderabad High Court, Eyewitness


Supreme Court Seeks Centre, States Reply Over Protection of Witnesses in High-Profile Cases(11.09.2017)

Supreme Court, while emphasizing on witness protection programme, has asked Centre and State governments about the steps being taken to ensure that wi.....

Tags : Supreme Court, witness protection programm


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


Madhya Pradesh High Court: Lack of Knowledge, Experience of Lawyer 'No' Ground to Recall Witness(29.01.2018)

Madhya Pradesh High Court has reiterated that the incompetence of a lawyer cannot be a ground for recalling witnesses under Section 311 of the Code of.....

Tags : Madhya Pradesh High Court, Witness


Supreme Court: Relation of Witnesses to Deceased By Marriage Not Sufficient to Reject Testimony(25.05.2017)

Supreme Court has observed that the fact that witness may be related to deceased by marriage, cannot be sufficient reason to classify him as a related.....

Tags : Supreme Court, interested witness


SC: Conviction Can Be Based on Solitary Evidence of Child Witness, If It Inspires Confidence(29.05.2017)

Supreme Court has confirmed conviction of a woman for murder of her husband, based on testimony of her 12-year old son that he saw her presence in the.....

Tags : Supreme Court, Child Witness


Supreme Court: Court Should Not Surrender Its Judgment To 'Expert' Witness(20.04.2017)

Supreme Court, while upholding a High Court order which has set aside conviction of accused in a murder case, has observed that Court cannot be expect.....

Tags : Supreme Court, 'Expert' Witness


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


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


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


Delhi HC: Child Witnesses Can be Pliable, Easily Influenced(13.07.2016)

Delhi HC has observed that though child witnesses are "dangerous" as they could be easily influenced, there was no obstacle in accepting their evidenc.....

Tags : Delhi HC, Child Witnesse


Kerala HC: Eyewitness' Politics Not a Bar for Accepting Testimony(07.09.2016)

Kerala HC has said that even if witnesses to a crime belong to a political faction that is opposed to the accused, their testimonies need not be disca.....

Tags : Kerala HC, Eyewitness


SC Confirms Death Penalty for Police Constable Turned Serial Killer(06.10.2016)

SC has confirmed death penalty for police constable-turned-serial killer B.A. Umesh on the basis of the evidence given by the sole witness in the case.....

Tags : SC, serial killer, sole witness, death penalty


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


Bombay HC Rules, ‘Relationship Not a Factor That Affects Credibility of Witness’(12.01.2017)

Bombay HC, while observing that ‘relationship’ is not a factor to affect credibility of a witness, has dismissed appeals moved by six convicts, who we.....

Tags : Bombay HC, credibility, witness


Top Story

Supreme Court Approves Witness Protection Scheme, 2018(05.12.2018)

Supreme Court has approved the draft prepared by Centre on Witness Protection Scheme, 2018. In furtherance of approval, Apex Court has directed the Un.....

Tags : Scheme, Approval, Witness protection


The perils of condning martyrdom(17.07.2015)

The Bombay High Court recently convicted a person on the basis of the sole witness testimony of the prosecutrix, an adolescent teen who was raped repe.....

Tags : criminal, rape, sole witness