Legal Question in Criminal Law in India
a witness says in court during trial that he has submitted a report to higher authorities but prosecution has not produced the same report when the prosecution evidence is over can the accused call for that report? can the witness be recalled to recross on the basis of that report.
Asked on 11/12/09, 9:10 pm
3 Answers from Attorneys
Seshadri Srinivasan
www.lawconcern.com
No. The defence must produce that record.
Answered on 11/12/09, 11:33 pm
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
yes, when the accused is called for questioning u/s 313 of criminal procedure code, he can ask the court to call for the report and also recall the witness for cross examination. the amplitude of sec. 313 is wide enough and gives ample opportunity to the accused to defend himself by calling or recalling witnesses.
Answered on 11/13/09, 3:12 am
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