Search Results for Tag : Witness
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
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International Cases
Party in possession of the relevant information is best placed to interrogate a particular witness(08.03.2023)
The issue in present case is whether only the Master of the high Court, and no one else, may examine witnesses subpoenaed at an enquiry convened by th.....
Tags : Witness, Enquiry, Examination
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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
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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
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News
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
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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
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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
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Kerala HC: Failure to Mark Omissions from Witness’ Previous Statements(14.12.2021)
Kerala High Court has ruled that failure to mark omissions from a witness' previous statements during their cross-examination is not always a valid gr.....
Tags : Kerala High Court, Omissions from Witness’ Previous Statements
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Delhi HC: Witness Not to be Re-Summoned in Sexual Offence Case if Cross Exam. Conducted Extensively(22.09.2022)
Delhi High Court while observing that right to fair trial is a constitutional goal and a fundamental right of every individual, has held that where cr.....
Tags : Delhi High Court, Sexual Offence, Summon, Witness
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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
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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
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SC Asks UP Govt. to File Witness Protection Plan in Hathras Rape Case(06.10.2020)
Supreme Court has directed the State of Uttar Pradesh to file an affidavit stipulating Witness Protection Plan for the family and witnesses of the 19-.....
Tags : Supreme Court, Hathras Rape Case, Witness Protection Plan
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Madras HC Directs HC Registry to Take Steps to Notify Witness Protection Scheme 2018(05.08.2021)
Madras High Court has directed the High Court Registry to take steps through the government to notify the Witness Protection Scheme, 2018, and impleme.....
Tags : Madras High Court, Notify Witness Protection Scheme 2018
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Karnataka HC: Criminal Proceedings Cannot be Held Ex-Parte Unless Attendance Dispensed With Reason(02.06.2022)
Karnataka HC has held that a criminal trial can’t be held in the absence of an accused unless personal appearance is dispensed with for valid reasons......
Tags : Karnataka High Court, CrPC, Witness
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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
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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
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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
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Allahabad HC: Accused Has Right to Summon Evidence/Witness Relevant for Prosecution Evidence(04.11.2020)
Allahabad High Court allowed an application for recall of witness moved by an accused under Section 311 of the Code of Criminal Procedure, 1973 while .....
Tags : Allahabad High Court, Right to Summon Evidence/Witness
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Kar. HC: Application U/S 311 CrPC to Summon Material Witnesses in POCSO Cases Should Be Allowed(17.08.2022)
Karnataka High Court has held that application made by accused under Section 311 of Code of Criminal Procedure (CrPC) for summoning material witnesses.....
Tags : Karnataka High Court, POCSO, Witness
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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
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SC: Can’t Expect Witness to Give Graphic Details of Overt Acts of Each Accused(21.08.2023)
Supreme Court has held that in a case involving Section 149 of the IPC one cannot expect a witness to speak with graphic detail about the specific ove.....
Tags : Supreme Court, Witness, Details
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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
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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
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Allahabad High Court Directs Implementation Of Witness Protection Scheme(18.11.2021)
Allahabad High Court last week has directed the Uttar Pradesh Government and all its concerned authorities/committees to implement the Witness Protect.....
Tags : Allahabad HC, Witness Protection Scheme, 2018
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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
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SC: Conviction Under S. 302 IPC Cannot be Based Upon Statement of Untrustworthy Witness(15.01.2024)
Supreme Court while setting aside the conviction of a person in a murder case of 1999 has held that if a witness is branded as untrustworthy having al.....
Tags : Supreme Court, S. 302 IPC, Conviction, Untrustworthy Witness
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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
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Allahabad HC: Testimony of Interested Witness Should be Taken After Careful Scrutiny(11.03.2021)
Allahabad High Court has held that the testimony of an interested witness, though admissible, should be accepted by the Court after a careful scrutiny.....
Tags : Allahabad High Court, Testimony of Interested Witness
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Kerala HC: Must Prove Accused is Absconding to Record Witness Deposition(14.01.2022)
Kerala High Court ruled that before recording witness depositions under Section 299 of the Code of Criminal Procedure, it should be established that t.....
Tags : Kerala High Court, Record Witness Deposition
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Kerala HC: Child Witness Can be Recalled if Necessary for Just Decision(16.12.2022)
Kerala High Court has held that statutory bar imposed on Special Courts by Section 33(5) of POCSO to ensure that a child is not repeatedly called to t.....
Tags : Kerala High Court, POCSO, Child Witness, Recalled
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SC: Testimony of Hostile Witness Can be Considered to Convict Accused(16.12.2022)
Supreme Court Constitution bench while observing that witness turning hostile does not result in automatic rejection of evidence has held that there i.....
Tags : Supreme Court, Constitution bench, Hostile Witness, Reliable Evidence
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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
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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
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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
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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
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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
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SC: Injured Witness’s Evidence has Greater Evidentiary Value(03.04.2023)
Supreme Court while reiterating principles on appreciation of oral evidence of injured eye witnesses during trial stage has observe that evidence of i.....
Tags : Supreme Court, Evidentiary Value, Injured Eye Witness, Oral Evidence
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Ker. HC: Can’t Recall Child Witness to Fill Up Lacuna and Omission in Evidence of Accused(24.05.2024)
Kerala High Court has held that as per the Protection of Children from Sexual Offences Act, 2012 accused cannot recall a child witness for cross-exami.....
Tags : Kerala High Court, Child Witness, Omission in Evidence
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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
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'Child Witness Prone to Tutoring': Calcutta HC Acquits Man Convicted for Murdering His Wife(25.05.2022)
Calcutta High Court has set aside the order convicting husband for the murder of his wife on the ground that the child witness being of extremely tend.....
Tags : Calcutta High Court, Murder, Husband, Child Witness
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Allahabad HC Directs Trial Court to Complete Examination of Private Witnesses on Same Day(25.05.2022)
Allahabad High Court has directed the Sessions Courts throughout the state to make an endeavor to complete the examination of the private witnesses, b.....
Tags : Allahabad High Court, Sessions Court, Private Witness
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Allahabad HC: Close Relative Who's Natural Witness of Crime Can't Be Considered as Interested Witness(26.05.2022)
Allahabad High Court while observing that a close relative who is a natural witness, cannot be recorded as an interested witness has upheld the life s.....
Tags : Allahabad High Court, Natural witness, Life Sentence
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P&H HC: Previous Statement of Witness Should be Put to His Notice if it’s Used For Contradicting Him(31.05.2022)
Punjab and Haryana High Court has held that if the witness was not confronted with that part of the statement with which the defense wanted to contrad.....
Tags : Punjab & Haryana High Court, Witness, Statement, Evidence Act
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Meg. HC: Inadequate Examination of Witness is a Valid Ground for Application to Recall Witness(03.07.2024)
Meghalaya High Court has observed that an accused’s application seeking to recall a witness under Section 311 of Code of Criminal Procedure, 1973 is v.....
Tags : Meghalaya High Court, Examination of Witness, S. 311 of CrPC
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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
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SC: Witness Can't be Recalled for Giving Different Statement in Another Case Relating to Same Event(23.06.2022)
Supreme Court has held that merely because a different statement was given by prosecution witness in another case relating to the same incident, that .....
Tags : Supreme Court, Recalling Witness, Prosecution Witness
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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
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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
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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
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Madras HC Disapproves of Suspension of Doctor Who was Witness in Disciplinary Proceedings(27.10.2021)
Madras High Court has disapproved of punishment of suspension imposed by Tamil Nadu Medical Council (TNMC) against a gastroenterologist who was only a.....
Tags : Madras High Court, Witness in Disciplinary Proceedings
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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
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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
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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
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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
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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
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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
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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
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Kerala HC: Mere Failure to Secure Presence Of Crucial Witnesses Not Ground To Acquit Accused(05.08.2022)
Kerala High Court has held that the non-examination of crucial witnesses or the investigating officer by itself is not a sufficient reason to disbelie.....
Tags : Kerala High Court, Witness, Acquittal
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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
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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
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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
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Allahabad HC Seeks UP Government's Response on Implementation of Witness Protection Scheme 2018(09.12.2020)
Allahabad High Court has issued notice to the Uttar Pradesh Government on a public interest litigation seeking effective implementation of the Witness.....
Tags : Allahabad High Court, Implementation of Witness Protection Scheme 2018
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SC: Documents can be Directly Produced at the Stage of Cross-Examination of a Witness(18.12.2023)
Supreme Court has held that documents can be directly produced during cross- examination of a witness, (who is not a party to suit), to confront witne.....
Tags : Supreme Court, Cross-Examination, Witness, CPC
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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
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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
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Delhi HC: Court Must Prevent Miscarriage of Justice While Examining Witness on Commission(08.09.2022)
Delhi High Court has held that in cases involving question of examining a witness on Commission wherein such a witness is disabled or otherwise not in.....
Tags : Delhi High Court, Witness, Commission
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Orissa HC Upholds Conviction Basing Upon Testimony of Injured Witness in 22 Yrs Old Murder Case(12.09.2022)
Orissa High Court while upholding conviction of three persons charged with murder in a 22-year-old case has held that deposition of injured witness sh.....
Tags : Orissa High Court, Murder, Injured Witness
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SC: Important to Distinguish B/W Contradictions in Witness Statements and Credibility of Witnesses(01.11.2023)
Supreme Court while observing that it is important to distinguish between contradictions in witness statements and the overall credibility of witnesse.....
Tags : Supreme Court, Contradictions, Credibility, Witness
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SC: Can’t Prove Will by Random Witness Saying he Saw Attesting Witness Sign it(22.11.2023)
Supreme Court has held that for Section 69 of Evidence Act, in order to prove the genuineness of a will, it is not enough to merely examine a random w.....
Tags : Supreme Court, Random Witness, Attesting, Will
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Cal. HC: Situation of Rape Victim Being a Sterling Witness Can’t be Considered to be Universal(01.12.2023)
Calcutta High Court while allowing the appeal of a convict in a rape case, has observed that a victim of rape being an injured witness is exclusively .....
Tags : Calcutta High Court, Rape, Sterling Witness
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P&H HC: Variations in Facts by Witness is Natural in Depositions(14.07.2020)
Punjab and Haryana High Court has asserted that in a criminal case, "one cannot be expected to have an eidetic/photographic memory" and that "slight c.....
Tags : Punjab and Haryana High Court, Variations in Facts by Witness
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SC Issues Notice on Plea Seeking Audio-Video Recording of Witness Statements by Police(17.07.2020)
Supreme Court has issued notice to the Union Ministry of Home Affairs on a Petition seeking implementation of audio-video recording of witness stateme.....
Tags : Supreme Court, Audio-Video Recording of Witness Statements
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Allahabad HC: Relationship Is Not Factor Affecting Credibility of Witness(19.05.2022)
Allahabad High Court has observed that relationship is not a factor affecting the credibility of a witness as there is no bar in law on examining fami.....
Tags : Allahabad High Court, relationship, witness
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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
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Karnataka HC: Mere Change of Counsel Cannot be a Ground to Recall Witness(24.10.2024)
Karnataka High Court has stated that mere change of counsel cannot be a ground to recall a witness. The application under Section 311 CrPC must contai.....
Tags : Karnataka High Court, Section 311 CrPC, Recall Witness
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P&H HC: Eyewitness Account Not Credible if Eyewitness Directly Identifies Accused in Court(21.11.2024)
P&H High Court while acquitting a convict of murder case, has stated that eyewitness account who is not known to the accused is not be considered cred.....
Tags : P&H High Court, Eyewitness Account, Test Identification Parade
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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
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SC: Hostile Witness's Credible Evidence Can Form Basis for Conviction in Criminal Trial(29.11.2021)
Supreme Court has observed that credible evidence even of a hostile witnesses can form the basis for conviction in a criminal trial. The Court has sai.....
Tags : Supreme Court, Hostile Witness
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SC: Fact not Stated by Witness u/s 161 CrPC Can’t be Sought to be Proved by Prosecution(05.01.2024)
Supreme Court has held that Prosecution cannot seek to prove a fact during trial through a witness which such witness had not stated to police during .....
Tags : Supreme Court, Prosecution, Witness, Investigation
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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
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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
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Kerala HC Directs State Tax Officer to Reconsider Plea Seeking Copies of Witness Statements(19.01.2022)
Kerala High Court has held that there is a clear distinction between refusing to consider an application and rejecting one with reasons, while finding.....
Tags : Kerala High Court, Copies of Witness Statements
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Kerala HC: Evidence of Witness Can be Recorded in Absence of Accused(15.01.2024)
Kerala High Court has held that evidence of witnesses can be recorded in the presence of the counsel for the accused even in situations where the cour.....
Tags : Kerala High Court, Witness Evidence, Absence, Accused
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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
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Calcutta HC: Testimony of Sole Eyewitness Cannot be Ignored on Unreliability(03.02.2022)
Calcutta High Court has held that the testimony of a sole eyewitness with respect to an accused cannot be ignored solely because her evidence with res.....
Tags : Calcutta High Court, Testimony of Sole Eyewitness
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Gauhati HC: Version of Sterling Witness to be Unassailable in Criminal Appeal(07.02.2022)
Gauhati High Court held that the version of sterling witness is of very high quality and calibre and therefore, requires it should be unassailable whi.....
Tags : Gauhati High Court, Version of Sterling Witness
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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
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Kerala HC: Failure to Mark Omissions from Witness’ Previous Statements(14.12.2021)
Kerala High Court has ruled that failure to mark omissions from a witness' previous statements during their cross-examination is not always a valid gr.....
Tags : Kerala High Court, Omissions from Witness’ Previous Statements
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Supreme Court: Prosecution Witness Identifying Accused at Police Station Not Proper TIP(18.03.2024)
Supreme Court while acquitting the accused, has held that the process of prosecution witness identifying accused persons at the police station cannot .....
Tags : Supreme Court, Prosecution Witness, Test Identification Parade
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SC: Courts Should Strike Balance Between Testimony of ‘Injured Witness’ and ‘Interested Witness’(20.03.2024)
Supreme Court has held that it is a well-established principle of law that the evidence of an injured witness is considered to be on a higher pedestal.....
Tags : Supreme Court, Injured Witness, Interested Witness, Testimony
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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
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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
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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
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Ker. HC: Absence of TI Parade Doesn’t Vitiate Identification of Accused in Court(03.03.2023)
Kerala High Court has held that if ocular evidence and identification of accused by witnesses in court are impressive, nothing restricts court from re.....
Tags : Kerala High Court, Test Identification Parade, Evidence, Witness
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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
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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
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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
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Calcutta HC: Section 44 (3) UAPA Act Mandates Courts to Undertake Protection of Identity of Witness(08.02.2022)
Calcutta High Court has observed that Section 44 (3) of the Unlawful Activities (Prevention) Act, 1967 (UAPA) mandate Courts to undertake measures to .....
Tags : Calcutta High Court, Protection of Identity of Witness
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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
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SC: Quality And Not Quantity of Witness Matters(16.02.2023)
Supreme Court while affirming conviction and sentence of four persons in murder case based on solitary eyewitness testimony has observed that it is no.....
Tags : Supreme Court, Murder, Eyewitness
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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
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SC: Can Use Witness Statement Recorded In Absence of Accused, if Conditions of S. 299 CrPC Fulfilled(09.05.2024)
Supreme Court has held that if the conditions given under Section 299 of the Code of Criminal Procedure, 1973 are fulfilled only then the statement of.....
Tags : Supreme Court, S. 299 CrPC, Witness Statement
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Supreme Court: Cannot Set Aside Conviction Only on the Ground that Witness Turned Hostile(09.05.2024)
Supreme Court while declining to set aside the conviction of the accused merely because the witness turned hostile, has observed that evidence of the .....
Tags : Supreme Court, Prosecution Witness, Hostile
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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
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Ker. HC: Virtually Examining Witness During Trial Doesn’t Affect Rights of Accused(07.03.2023)
Kerala High Court has held that examination of a witness during trial through video linkage mode would not affect the rights of the accused.
Tags : Kerala High Court, Witness, Video Linkage Mode
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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
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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
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Delhi HC Directs Delhi Police to Provide Protection to Witness in Chhatrasal Murder Case(04.06.2021)
Delhi High Court has directed the Delhi Police to provide protection to a witness in the Chhatrasal Stadium Murder case leading to death of former jun.....
Tags : Delhi High Court, Protection to Witness in Chhatrasal Murder Case
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Ker. HC: Criminal Misc. Cases to be Numbered Only After Producing Witness Statements & Docs.(07.06.2024)
Kerala High Court has directed its registry to number criminal miscellaneous cases only after producing the final report along with witness’s statemen.....
Tags : Kerala High Court, Criminal Miscellaneous Cases, Witness Statements
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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
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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
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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
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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
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Del. HC: Detailed Reasons Not to be Given by Arbitrator When Granting Request to Summon Witnesses(15.07.2024)
Delhi High Court has held that for granting the request to summon a witness under section 27(1) of the Arbitration and Conciliation Act, 1996, the arb.....
Tags : Delhi High Court, S. 27(1) of A&C Act, Summon Witnesses
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Del. HC: Detailed Reasons Not to be Given by Arbitrator When Granting Request to Summon Witnesses(15.07.2024)
Delhi High Court has held that for granting the request to summon a witness under section 27(1) of the Arbitration and Conciliation Act, 1996, the arb.....
Tags : Delhi High Court, S. 27(1) of A&C Act, Summon Witnesses
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SC: Non-Examination of Independent Witness Not Fatal to Case of Prosecution(10.05.2021)
Supreme Court has reiterated that non-examination of independent witnesses is not fatal to the case of the prosecution when other prosecution witnesse.....
Tags : Supreme Court, Non-Examination of Independent Witness
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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
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Allahabad HC: Accused Acquitted for Major Contradictions in Statements of Eyewitness(30.07.2024)
Allahabad High Court has acquitted three accused who were sentenced to life imprisonment for committing the offence of murder on the ground that ther.....
Tags : Allahabad High Court, Eyewitness, Police Witnesses
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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
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SC: Approver Need Not be Examined as Witness When Cognizance Taken by Special Court Under PC Act(16.06.2023)
Supreme Court has held that question of Approver being examined as a witness by the magistrate does not arise when Special Court chooses to take cogni.....
Tags : Supreme Court, Approver, Witness, Prevention of Corruption Act
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CG. HC: Child Can Testify if he Gives Rational Answers(22.06.2023)
Chhattisgarh High Court has held that child of tender age can be allowed to testify, if he has intellectual capacity to understand the questions and g.....
Tags : Chhattisgarh High Court, Rational Answers, Child, Witness, Testify
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MHA: Can’t Designate Police Stations as Place for Examination of Witness Via Electronic Means(17.07.2024)
Union Ministry of Home Affairs has written to the State Governments stating that for purposes of Sections 265, 266 and 308 of BNSS, 2023, police stati.....
Tags : MHA, Electronic Means, Examination of Witnesses, Police Stations
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Judgments
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
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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
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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
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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
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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
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SC Directs Centre to File Affidavit on Implementation of Audio-Video Recording of Witness Statements(07.08.2020)
Supreme Court has directed the Centre to file its affidavit before 7th September, 2020 on the issues of implementation of audio-video recording of wit.....
Tags : Supreme Court, Audio-Video Recording of Witness Statements
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JKL HC: Can’t Fastened Liability Based on Chief Exam. Without Affording Opportunity to Cross Examine(09.06.2023)
Jammu and Kashmir and Ladakh High Court has held that it shall be highly unsafe to consider the chief examination of a witness, who is not subjected t.....
Tags : Jammu and Kashmir and Ladakh High Court, Chief Examination, Cross Examination, Witness
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Witnesses cannot be allowed to be recalled in a routine manner merely on basis that cross-examination was not properly conducted(30.01.2024)
In facts of present case, the complainant/Petitioner had filed a complaint against the accused/respondent under Section 138 and 142 of the Negotiable .....
Tags : Witness, Recall, Legality
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Discretionary power under Section 311 of CrPC should be invoked, when it is essential for the just decision of the case(29.08.2023)
The present appeal has been filed against the order passed by the High Court, by which the prayer for recall of the Appellant as a witness in the tria.....
Tags : Recall, Witness, Examination
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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
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