Supreme Court of India: Denial of an opportunity to recall the witnesses for cross-examination would amount to condemning the appellant without giving him the opportunity to challenge the correctness of the version and the credibility of the witnesses.

Gladiator

“The principle of law that emerges that the criminal court has ample power to summon any person as a witness or recall and re-examine any such person even if the evidence on both sides is closed and the jurisdiction of the court must obviously be dictated by exigency of the situation, and fair-play and good sense appear to be the only safe guides and that only the requirements of justice command and examination of any person which would depend on the facts and circumstances of each case.”

Supreme Court of India

P.Sanjeeva Rao

vs

State Of A.P.

on 2 July, 2012

Author: T Thakur

Bench: H.L. Dattu, Chandramauli Kr. Prasad

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. 874-875 OF 2012

(Arising out of S.L.P (Crl.) Nos.4286-87 OF 2011)

P. Sanjeeva Rao …Appellant

Versus

The State of A.P. …Respondent

J U D G M E N T

T.S. THAKUR, J.

1. Leave granted.

2…

View original post 3,165 more words

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