Legal Question in Criminal Law in India

Type your question here...in a long pending case trial where ihe accused was not present a person gave testimony in court.. this witness died. when the trial started against ihe other accused persons(case was separated) (charges were same) can the the previous statement given in court be used against these accused either by the prosecution or any other person?


Asked on 10/20/09, 10:34 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the witness was cross examined after his statement was recorded, the same holds good and in case only statement is given and the advocate of accused never got an opportunity to cross examine the witness, the testimony will not be valid.

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Answered on 10/21/09, 2:27 am


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