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...correct and whether you saw Mange and Ram Chander causing injuries to Dunni or not.”To this question the answer of the witness was that when he was at some...far can he go? Can he put on the gloves and ‘have a go’ at the witness who he suspects is lying or is he to be soft and suave? These are some of the questions which we are compelled to ask ourselves...put questions to witnesses. Indeed the right given to a Judge is so wide that he may, ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact, relevant...
...— the accused could be said to have been “a witness against himself” within the meaning of Article 20(3) of the Constitution; and (2) whether the mere fact that when those specimen handwritings had been...confined to cases of compulsory extraction of incriminating statements or communications by an accused person in court, the expression “compelled to be a witness” being understood as meaning “being...must be to be a witness, and (4) against himself. Compulsion, according to him, means coercion or constraint and does not include mere asking by the police to do a certain thing or the direction by a...
...carefully seen the evidence. To a specific question: “What did you say to the accused at the place of occurrence?”, the answer by the witness is: “I told him that we have an information from mukhbir that.... Very curiously this is not suggested to the witness at all. In the absence of any suggestion or material in cross-examination such lame plea cannot be accepted.6. Lastly, the...objection if I conduct the search myself.” Before that even in the examination-in-chief the witness had very specifically stated “Ghasita Sahu was informed about the information received from the...
...main thrust should be on answer to the question as to whether the evidence of a witness in court that he knew the accused from before and correctly identified the accused is trustworthy or not. If the...identity of the accused from before, is found to be credible. The main thrust should be on answer to the question as to whether evidence of a witness in court to the identity of the accused from before is...under Section 9 of the Evidence Act where the evidence consists of identification of the accused at his trial. The identification of an accused by a witness in court is substantive evidence whereas...
...Ajmer Singh, deceased and Raghbir Singh, PW 4 were going to the fields to answer the call of nature and when they reached near the bridge on the village pond, the appellant came from the opposite side...” (1971) 2 SCC 42, AIR 1971 SC 1586. We are at a loss to appreciate how a witness could be cross-examined, when he has not been...confined to the facts to which the witness testified on his examination-in-chief.Direction for re-examination. — The re-examination shall be directed to...
...same to the appellant, on demand. The panch witnesses were instructed to keep close to Dal Chand to witness the passing of the tainted notes. The raiding party headed by Inspector Paras Nath.... He testified that on January 16, 1970 at about 5.45 p.m, the incharge, police post directed the witness to convey a message to the appellant that he was wanted on the telephone to receive a call from...his sister from Kirti Nagar. Accordingly, the witness went and conveyed the message to the appellant who was then in uniform patrolling the railway platform. Constable Muharrar Sujan Singh, DW 4...
...isolated answer is hardly sufficient to destroy the probative value of the evidence of that witness.5. We do not find any reason to interfere with the conviction and....3. Learned counsel then contended that one of the panch witnesses was not an independent witness inasmuch as he had obliged the police in other cases also. We are not inclined to say that if a person...happened to witness other instances that would denude him of his independent character.4. The last attempt made by the learned counsel was based on a truncated sentence...
...-examination cannot but be sensitive to discern which answer in cross-examination requires explanation. An efficient Public Prosecutor would gather up such answers falling from the mouth of a witness during...attack is least justified in the realm of appreciation of evidence. This Court has said time and again that the post-event conduct of a witness varies from person to person. It cannot be a cast-iron...-examination. No doubt, ambiguities can be resolved through re-examination. But that is not the only function of the re-examiner. If the party who called the witness feels that explanation is required...
...of the court. It is submitted that the witness may not remain present and may also refuse to answer questions. It is submitted that commercial studios place restrictions on the number of people who.... Patil v. State of Karnataka (2000) 8 SCC 740 the question was whether an accused needs to be physically present in court to answer the questions put to him by court whilst recording his statement..., by the majority, that it was not necessary that in all cases the accused must answer by personally remaining present in court.18. Thus the law is well settled. The...
..., in terms of Section 132, every witness is bound to answer the questions she or he is asked; however, that is subject to the caveat that he or she is entitled to claim silence, if the answers...to answer.—If any such question relates to a matter not relevant to the suit or proceeding, except insofar as it affects the credit of the witness by injuring his character, the court shall decide...whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it. In exercising its discretion, the Court shall have regard to...
...the appellants that an answer by a witness to a suggestion made by the defence counsel in the cross-examination does not deserve any value or utility if it incriminates the accused in any manner...suggestions are hurled on the witness but if such suggestions, the answer to those incriminate the accused in any manner then the same would definitely be binding and could be taken into consideration...and was proceeding to answer nature's call. At around 11.45 PM, four persons, namely, Balu Khalde, Ramesh Mohite, Raju Mohite and Santosh Khalde assembled and started talking with us. At that time...
...of the incriminating circumstances proved by the prosecution is that witness Naseem Ahmad had seen the appellant and another fleeing from near the place where the dead body of the deceased was found...lying at about 4.30 a.m on 8-2-1998. The learned counsel for the appellant submitted that the only witness produced by the prosecution to prove this circumstance is PW 3, Naseem Ahmad but the said...witness does not speak of any source of light and his silence of not telling this fact to the investigating officer at the time of holding of inquest is most unnatural and therefore, the High Court had...
...and clearly stated that both the accused took part in the incident. When one of the witnesses, Bankey (PW 30), was in the witness box, the learned counsel for the accused put to him the following two...witness. After his evidence was closed, the learned Judge delivered a considered order giving his reasons for disallowing the said two questions. The relevant part of the order reads...:“Therefore if there is no contradiction between his evidence in court and his recorded statement in the diary, the latter cannot be used at all. If a witness deposes in court that a...
...the date of the suit.3. A number of pleas were taken by the contesting defendant in answer to the plaintiff's claim, most of which are not relevant for our present purpose...decision hinges upon the credibility of the witnesses, then unless there is some special feature about the evidence of a particular witness which has escaped the trial Judge's notice or there is a...has signed it as the scribe. Jawala Prasad Tewari was admittedly dead when the suit was brought and Harbhajan Lal, the only surviving attesting witness was called on behalf of the plaintiff to prove...
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HEADNOTE:
An omission to administer an oath, even to an adult, goes only to the credibility of the witness and not his competency; so also an omission of the Court or the authori- ty...examining a child witness formally to record that in its opinion the witness understands the duty of speaking the truth though he does not understand the nature of an oath or affirmation, does not...affect the admissibility of the evi- dence given by that witness.
Though it is desirable that judges and magistrates should always record their opinion when a child is to be examined...
...learned counsel that the statement of Parminder Kaur was not recorded by the witness in question and answer form. The evidence of the witness is that she narrated the incident and therefore the dying...recording her dying declaration. He also submitted that the evidence of this witness discloses that three to four persons were present in the room where Parminder Kaur was kept. According to the learned...substance in this contention because this witness has categorically stated in his examination-in-chief that when he was recording her statement, nobody was present in the room and even the nurse...
...justify rejection of his testimony. Our answer is in the negative.66. The legal position is well settled that mere delay in the examination of a particular witness does not.... Chandra Shekhar Prasad leaves no manner of doubt that the death of Shri Gurudas Chatterjee was the result of two ante-mortem gunshot wounds, which the witness has described as under in his deposition in....18. Arup Chatterjee (PW 19) happens to be the son of the deceased Gurudas Chatterjee. According to this witness the appellants and most of their family members constitute what...
...be called to the matter under enquiry, trial or investigation. The discretion of the court must only be controlled towards that end but a question which suggests to the witness the answer the...witness answer merely “yes” or “no”; but he shall be directed to give evidence which he witnessed. The question shall not be put to enable the witness to give evidence which the prosecutor wishes to...elicit from the witness nor the prosecutor shall put into witness's mouth the words which he hoped that the witness will utter nor in any other way suggest to him the answer which it is desired that the...
...High Court for the issue of a writ of habeas corpus directing her husband to produce her son. In answer to the rule nisi issued by the court the appellant-petitioner filed a counter-affidavit denying...mother. The husband did not examine himself as a witness nor did he examine anyone else on his side. He did not also choose to cross-examine his wife and mother-in-law. The High Court accepted the evidence...the proceeding under Article 226 nor could he disclose his defence by cross-examining the witnesses examined by his wife. He did not go into the witness-box himself and did not cross-examine the...
...Section 164, Criminal Procedure Code. It goes to show that there was time during investigation when the investigating agency felt and apprehended that the ...expects of him and for that matter of any investigating officer. Reading the evidence of this witness, Netasingh (P.W.8), there is absolutely nothing to indicate that he contacted any one living in the...adjoining rooms, the staff quarters or at least the mother and sister of Narendrakumar, who according to the prosecution case had rushed to the spot. The witness Netasingh (P.W.8) who, a head constable...