ashok kumar (Social Worker) 04 November 2014

Prompting presence of other accused during chief/cross exam

Prompting presence of other accused during Chief & Cross Examination

During the examination in Chief & Cross Examination of one of the prosecution witness, the complainant (who is himself a witness of the prosecution) & other witnesses (who are yet to be examined) are present in the Court. The complainant and one of the witness also keeps on prompting the other witnesses in the process.

Can this be objected to because in such a situation all other witnesses will also hear the Chief & Cross Examination and will give the same version thus seriously vitiating the defence of accused posing a serious obstruction to the truth / contradictions coming out

Please give the relevant law and /or case citations

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7 Replies

Dalip Singh (Advocate) 06 November 2014

You should have objected the presence of the other witnesses before the court there and then and sent the other witnesses out of the court. Now, you have no proof of their presence in the court at the time of chief examination and cross examination. Be attentive in future and if other witnesses are present in the court at the time of chief/cross examination, request the court to send them out till the witness is discharged.

ashok kumar (Social Worker) 06 November 2014

What if the objection is not sustain and the magistrate asks the accused that no provision in CrPC allows this and if there is any such provision pl tell the Court

ashok kumar (Social Worker) 07 November 2014

What if the objection is not sustain and the magistrate asks the accused that no provision in CrPC allows this and if there is any such provision pl tell the Court

Dalip Singh (Advocate) 07 November 2014

In this regard, kindly go through judgement dated 18.3.1966 passed by Justice P. Govinda Menon in case titled as "Dr. Kasi Iyer Vs. State of Kerala" - citation AIR 1966 Ker 316, 1966 Cr. LJ 1445. I hope this would suffice the purpose.

ashok kumar (Social Worker) 07 November 2014

Thanks Dalipji

T. Kalaiselvan, Advocate (Advocate) 08 November 2014

During examination of one witness, the other witnesses can be asked to leave the court, this can be very well brought to the notice of the presiding judicial officer who will inturn instruct the witness to leave the court until the examination of the present witness is completed, the defence counsel can object to this.