Witness.
Querist :
Anonymous
(Querist) 22 May 2011
This query is : Resolved
After closure of Defence Witness Prosecution cannot Summon Witness of the Defence it is right but can we say that the above rules is also applicable when the Prosecution witness are closed than the defence cannot summon the prosecution witness ( In short Vice - Versa). After closure of the Defence Witness OR Prosecution witness the respect advocate have to fill a affidavit which they states that for my side the witness are closed or orally saying in the court during the proceedings are enough (that my witness are over or don’t have any witness or by witness are closed).
Thanks.
Guest
(Expert) 22 May 2011
1. KINDLY REFER SEC 311 OF Cr.P.C. ON THIS ISSUE
2. SEC. 311 IS TO MEET THE ENDS OF JUSTICE
3. NORMALLY(ONLY IN EXCEPTIONAL CASES) THE PROSECUTION HAS NO RIGHT TO RECALL/RE-EXAMINE
THE PROSECUTION/DEFENCE WITNESS. BECAUSE ON THE POINT OF FILLING-UP THE LACUNA.
4. BUT THE DEFENCE HAS GIVEN LONG ROPE TO ENTER INTO DEFENCE OR TO RECALL/RE-EXAMINE THE PROSECUTION OR DEFENCE WITNESSES.
5. WHILE ENTERING DEFENCE IT MUST BE TAKEN INTO ACCOUNT THAT YOU ARE STEPING INTO THE SHOES OF PROSECUTION TO DISPROVE THE CHARGE. (IF CIRUCUMSTANCES PERSISTS DON'T TAKE THE RISK)
M/s. Y-not legal services
(Expert) 23 May 2011
Yes. Am fully agree with mr.ganesan. You can recall the prosecution witness. And if you ready to closed defence witness mean your advocate may inform to court orally, but court will ask you to endorse the same in case bundle's diary.. Then court will close your side witness and adjourn the case for arguements..
Guest
(Expert) 23 May 2011
While burden of proof lies on the prosecution, the defence has to be given adequate opportunity to defend himself. He has the unquestionable right to defend himself.
So, if some solid proof contrary to the prosecution's stand comes to light any time during the course of trial, in order to meet with the cannons of justice, the defence has to recall the prosecution witness to establish that.
