AI Overview...
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Prosecution Citing Unexamined Witnesses - The prosecution is generally permitted to call any witnesses during the trial, including those not examined by the police or not initially cited, as courts have the authority under the Criminal Procedure Code (Cr.P.C.) to summon witnesses at their discretion Virendra Kumar VS The State of Rajasthan - Rajasthan, Dasari Aruna VS State of Telangana - Telangana.
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Defense Calling Witnesses Cited but Not Examined by Prosecution - If the defense chooses to examine a witness that was cited but not examined by the prosecution, that witness becomes a defense witness. The court recognizes the defense's right to call such witnesses, and characterizing them as defense witnesses is appropriate Jaswantbhai Chaturbhai Nai VS State of Gujarat - Crimes.
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Witness Examination and Court Discretion - Courts have the discretion to call witnesses under Section 540 of the Cr.P.C. for clarification or to ensure justice, even if those witnesses were not initially examined by the prosecution or police Dharam Singh VS State - Jammu and Kashmir, NAR BAHADUR BHANDARI VS STATE - Sikkim.
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Limitations and Court's Power - While courts can summon witnesses not initially examined, they are also cautious to prevent undue delays and ensure fairness. Summoning witnesses under Section 311 Cr.P.C. is permissible when necessary, but courts should avoid summoning witnesses suddenly or without valid reasons Virendra Kumar VS The State of Rajasthan - Rajasthan.
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Main Insight - The prosecution can cite witnesses not examined in court, and the court has the authority to call any relevant witnesses during trial to uphold justice. Similarly, the defense can call witnesses they intend to rely on, including those initially cited but not examined by the prosecution. Courts maintain discretion to ensure all relevant evidence is considered while safeguarding procedural fairness.
References: - Virendra Kumar VS The State of Rajasthan - Rajasthan - Dasari Aruna VS State of Telangana - Telangana - Jaswantbhai Chaturbhai Nai VS State of Gujarat - Crimes - Dharam Singh VS State - Jammu and Kashmir - NAR BAHADUR BHANDARI VS STATE - Sikkim
Search Results for "Can a Prosecution Cited Witness Not Examined in Court by Prosecution Call the Defense as Witness"
1996 0 Supreme(Del) 307 • India - Delhi
MOHD.SHAMIM, P.K.BAHRI
The court also cited several Supreme Court precedents holding that a conviction can be based on the testimony of a single witness ... The court also found that Bholar was a truthful witness, as he had admitted to certain facts that were不利于prosecution's case. 3. ... CRIMINAL APPEAL - SECTION 302, INDIAN PENAL CODE - MURDER - CONVICTION - EVIDENCE - SOLE WITNESS - RELIABILITY - CORROBORATION ... ... ( 27 ) ADMITTEDLY the appellant led evidence in defence#HL_E....
1956 0 Supreme(AP) 202 • India - Andhra Pradesh
KRISHNA RAO
to examine the witnesses in question as Court-witnesses. ... The application was for summoning and examining as Court witnesses ten persons, who had been cited as direct witnesses in the police ... Final Decision: The court set aside the Magistrate's order and directed him to examine the witnesses in question as Court-witnesses ... The Court is not empowered under the provisions of the Code of Criminal Procedure to compel either th....
1966 0 Supreme(AP) 250 • India - Andhra Pradesh
GOPAL RAO EKBOTE
Finding of the Court: The court held that the prosecution is not precluded from calling any witness at the enquiry ... Whether the prosecution can call witnesses not examined by the Police or whose statements not reduced into writing? 2. ... CRIMINAL PROCEDURE CODE - SECTION 251-A (7), 540 - WITNESSES - EXAMINATION - POWER OF COURT - PROSECUTION CAN CALL WITNE....
1966 0 Supreme(AP) 249 • India - Andhra Pradesh
A.GOPAL RAO
The court held that the prosecution is not precluded from calling any witness at the enquiry or trial who has not been examined by ... Finding of the Court: The court held that the prosecution is not precluded from calling any witness at the enquiry ... Whether the prosecution can call witnesses not examined by the Police or....
1975 0 Supreme(J&K) 74 • India - Jammu and Kashmir
A.S.ANAND
The defence may also call such a witness as their witness. 3. The court has the discretion to call a court witness u/s 540 Cr. ... Finding of the Court: The court held that the prosecution is not bound to produce and examine all the witnesses cited ... CRIMINAL PROCEDURE CODE - SECTION 540 - WITNESS - TENDER - CROSS-EXAMINAT....
2008 0 Supreme(Bom) 325 • India - Bombay
P.R.BORKAR, NARESH H.PATIL
appellant to cross examine the witnesses who deposed in the original trial. ... court and in case of failure of the State, the trial court to summon the witnesses under Section 311 Cr.P.C. with liberty to the ... 374:- Where the Government has shown enough diligence in pursuing the cause and placing all available evidence before the trial court ... The prosecution examined 15 witnesses, out of which (pw8) Santosh Sapkale and (pw10) Ratilal Kate were examined as eye wi....
2003 0 Supreme(Sikk) 13 • India - Sikkim
N.S.SINGH
Brahmin - Examination of Witness - S. 311, Cr. P. ... Brahmin, which was rejected by the court. ... Finding of the Court: The court found that the accused failed to justify interference with the impugned order and dismissed ... Brahmin is the best witness or not, it is not for the defence to decide but it is for the prosecution to decide. ... Brahmin as his defence witness. But the Cou....
• India - Crimes
V.K.TAHILRAMANI, MRIDULA BHATKAR
by calling any witness—If defence chooses to examine a witness cited but dropped by prosecution, then he is a defence witness, thus ... If defence chooses to examine a witness cited but dropped by the prosecution, then he is a defence witness, thus, his character as ... be a witness for defence#HL_E....
1989 0 Supreme(Raj) 519 • India - Rajasthan
V.S.DAVE
CRIMINAL PROCEDURE CODE UNLESS IT IS OF THE OPINION THAT PROSECUTION COULD NOT HAVE EXAMINED THE WITNESS AT THE APPROPRIATE TIME ... The accused examined one witness in his defense and closed his evidence. ... DEFENCE EVIDENCE UNLESS PRISONER BRINGS SOMETHING SUDDENLY AND UNEXPECTEDLY - COURT SHOULD NOT SUMMON WITNESS UNDER SECTION 311 ... A perusal of both the cases cited above,....
2022 0 Supreme(Telangana) 804 • India - Telangana
K. SURENDER
to call for witnesses not cited by the prosecution and the need for just decision and prevention of failure of justice. ... witnesses not cited by the prosecution and granted liberty to the petitioner to file a petition to examine the said witnesses under ... examined by the police. ... The Judge of trial Court has a right to call for any witness, not called eit....
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