LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nitin Patel (Proprietor)     18 February 2014

Faulty recording of deposition by court

Post deposition by witness and her cross examination I discovered from the certified copy of deposition that grave errors have been committed by the Hon Court in recording the deposition. Deposition was not read out as mandated under s 278 crpc and the errors in recording are such that would render the witness and the case inconsequential. I have submitted my protest along with detailed submisions for same in writing to the Hon Court. The public prosecutor was very annoyed with my objections and wanted to know under which provision of law have I submitted these objections. Please advise.

 1 Replies

adv.raghavan (Advocate,9444674980)     20 February 2014

Power under Section 311 of Cr.P.C., read with 
section 165 of Evidence Act has been conferred for such a purposes and both the powers are vast and 
wide enough to embrace in it's fold fact situation like the present one and to get elicited all the necessary 
material from the witnesses to foster cause of justice which is the ultimate goal to be achieved. In a 
serious charge like the murder, trial court should afford fullest opportunity to the accused in a fair and just 
manner to defend themselves and whenever necessary to wield both the powers under Section 311 
Cr.P.C., and 165 Evidence Act. 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query