In a General Court Martial Proceedings after the close of the Prosecution evidence, as per Rule 58 Sub Rules 1 clause (a) sub clause (ii) Shall after the close of the case for the prosecution and before he is called on for his defence, question him generally on the case. But the court proceeded to examine the defence witness without questioning him generally, as the accused also refused to examine himself as a witness as per sub Rules (2) of Rules 58 . Now, the question is failure to comply with Rules 58 sub Rules 1 of clause (a) sub clause (ii) can rendered the whole proceedings as void? Is it not a mere irregularity and curable under Rule 149 of the Army Rules 1954? Does such irregularity a ground to re-examine the defence witness by recalling him? Thanking you all in advance.
