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D Anil Ambedkar (ASP)     26 June 2016

De novo proceedings

I was appointed as enquiry officer to conduct DE NOVO proceedings by the appellate authority from the stage of examination of witnesses. There were four Defence witnesses and I have someone on the witnesses for examination out of which one witness was died and the two witnesses turned hostile other witness was the departmental witness.

Now the question before me is this

should I consider previous deposition given by these witnesses in the previous enquiry

or should I take the depositions given before me

The two witnesses who turned hostile given the deposition in favour of prosecution in the earlier enquiry but now they turn hostile

Please help

Anil



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     27 June 2016

since you are inquiring from the evidence stage the evidence has to be adduced afresh before you.

 

The mere fact that the case is remanded fro this stage indicates that htere was something wrong with the evidence itself.


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