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(Guest)

Evidence of witnesses can be recorded behind back of accused

 

In some cases Evidence of witnesses can be recorded behind back of accused or deliquent

 

A complaint was made by some girl students residing in the girls hostel of the College, alleging that the appellants with some others in a late night had entered into the compound of the girls hostel and walked without clothes on them. In respect of this allegation, an Enquiry Committee was constituted and that Committee recorded the statement of some of the girl students but not in presence of the appellants and finally was of the view that the students deserved deterrent punishment and recommended expulsion from the hostel. The appellants-the students questioned the order on many grounds, the chief contention of which was that the rules of natural justice had not been followed before the order was passed since the inquiry had been held behind their back; the witnesses who tendered evidence against them were not examined in their presence and there was no opportunity to
cross-examine the witnesses with a view to test their veracity. Rejecting this contention, this Court held thus : 
"The very reasons for which the girls were not examined in the presence of the appellants, prevailed on the authorities not to give a copy of the report to them. It would have bee n
unwise to do so. ...
Rules of natural justice cannot remain the same applying to all conditions.


https://www.lawweb.in/2013/04/in-some-cases-evidence-of-witnesses-can.html



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