Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be
essential to the just decision of the case.
Month: October 2020
Ambika Prasad and Anr Vs State (Delhi Administration) on 21 Jan 2000
Supreme Court held as follows when Cross-examination of a Prosecution witness was adjourned/deferred to over 1 year.
It is also to be pointed out that PW4 Vikram Singh (informant) who had lodged FIR immediately was under constant threat and was compelled not to speak the truth despite the fact that he was the brother of deceased. Other witnesses also turned hostile including PW6 Prem Singh son of Pratap Singh and PW8 Rattan Lal, which indicates, as observed by the High Court, that accused party was stronger in terms of money power and muscle power. At this stage, we would observe that the Sessions Judge ought to have followed the mandate of Section 309 Cr.P.C. of completing the trial by examining the witnesses from day to day and not giving a chance to accused to threaten or win over the witnesses so that they may not support the prosecution. It appears from the record that examination-in-chief of PW4 Vikram Singh was over on 06.2.1984. The counsel representing Ambika Prasad requested the court that because of his uncles demise, he would not be in a position to cross-examine the witness and, therefore, recording of further cross-examination might be adjourned. Thereafter, the witness was cross-examined in the month of July, 1985. In our view, this is highly improper. Even if the request for adjournment of the learned counsel for the accused was accepted, the cross-examination ought not to have been deferred beyond two or three days.
Citations : [2000 ACR SC 1 282], [2000 AIR SC 718], [2000 ALD CRI 1 460], [2000 CRI LJ 810], [2000 JT SC 1 273], [2000 RCR CRIMINAL 1 64], [2000 SCALE 1 219], [2000 SCC 2 646], [2000 SCR 1 342], [2000 SCC CRI 522], [2000 DLT 83 476], [2000 AIR SC 719], [2000 SCC 2 464], [2000 ACC 40 462], [2000 SCO 2 646], [2000 AIR SC 253], [2000 CRIMES SC 2 63], [2000 SUPREME 2 633], [2000 CRLJ 106 810], [2000 CCR 1 130], [2000 RCR CRIMINAL 1 643], [2000 SCJ 2 472], [2000 SLT 1 442], [2000 SRJ 2 235], [2000 JCC SC 1 197], [2000 SCC SC 1 197], [2000 CRIMES 2 63], [2000 CRLJ SC 810], [2000 RECENTCR 1 643], [2000 AIR SCW 253]
Other Sources :
https://indiankanoon.org/doc/151141/
https://www.casemine.com/judgement/in/5609ad6ee4b014971141165e
Delhi Administration Vs Vishwanath Lugnani and Ors on 30 Jul 1980
Since the prosecution wasted years in bringing in the prosecution witnesses to Court for examination, Trial Court denied to provide any adjournments. High Court held it correct.
Citations : [1981 AIR SC 1239], [1981 SUPP SCC 1 64], [1982 SCC CRI 139], [1980 CAR 343], [1980 CRLR 470], [1980 UJ SC 832], [1981 CRLJ SC 745]
Other Sources:
https://indiankanoon.org/doc/1828992/
https://www.casemine.com/judgement/in/5609abece4b014971140da6a#
M. Radha Hari Seshu Vs State of Telangana on 14 Aug 2020
This is a 498A/304B IPC Case. Parents of husband were discharged on application. Husband was denied suspension of Sentence while the Appeal at High Court was pending disposal. Supreme Court granted Bail to Husband.
The impugned judgment from Telangana High Court is below
Here is the Sessions Court Judgment
CrPC 389 – Suspension of sentence pending the appeal; release of appellant on bail
(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond:
Provided that the Appellate Court shall, before releasing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release:
Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail.
(2) The power conferred by this section on a Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto.
(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,—
(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or
(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.
Vinod Kumar Vs State of Punjab on 21 Jan 2015
Justice Dipak Misra decried the practice of Trial/Session Court judges in giving adjournments on mere asking by the parties, in spite of the presence of the witnesses willing to be examined fully.
From Para 41,
41. Before parting with the case we are constrained to reiterate what we have said in the beginning. We have expressed our agony and anguish the manner in which trials in respect of serious offences relating to corruption are being conducted by the trial courts. Adjournments are sought on the drop of a hat by the counsel, even though the witness is present in court, contrary to all principles of holding a trial. That apart, after the examination-in-chief of a witness is over, adjournment is sought for cross-examination and the disquieting feature is that the trial courts grant time. The law requires special reasons to be recorded for grant of time but the same is not taken note of. As has been noticed earlier, in the instant case the cross-examination has taken place after a year and 8 months allowing ample time to pressurize the witness and to gain over him by adopting all kinds of tactics. There is no cavil over the proposition that there has to be a fair and proper trial but the duty of the court while conducting the trial to be guided by the mandate of the law, the conceptual fairness and above all bearing in mind its sacrosanct duty to arrive at the truth on the basis of the material brought on record. If an accused for his benefit takes the trial on the path of total mockery, it cannot be countenanced. The Court has a sacred duty to see that the trial is conducted as per law. If adjournments are granted in this manner it would tantamount to violation of rule of law and eventually turn such trials to a farce. It is legally impermissible and jurisprudentially abominable. The trial courts are expected in law to follow the command of the procedure relating to trial and not yield to the request of the counsel to grant adjournment for non-acceptable reasons. In fact, it is not all appreciable to call a witness for cross-examination after such a long span of time. It is imperative if the examination-in-chief is over, the cross-examination should be completed on the same day. If the examination of a witness continues till late hours the trial can be adjourned to the next day for cross-examination. It is inconceivable in law that the cross-examination should be deferred for such a long time. It is anathema to the concept of proper and fair trial. The duty of the court is to see that not only the interest of the accused as per law is protected but also the societal and collective interest is safe-guarded. It is distressing to note that despite series of judgments of this Court, the habit of granting adjournment, really an ailment, continues. How long shall we say, “Awake! Arise!”. There is a constant discomfort. Therefore, we think it appropriate that the copies of the judgment be sent to the learned Chief Justices of all the High Courts for circulating the same among the learned trial Judges with a command to follow the principles relating to trial in a requisite manner and not to defer the cross-examination of a witness at their pleasure or at the leisure of the defence counsel, for it eventually makes the trial an apology for trial and compels the whole society to suffer chicanery. Let it be remembered that law cannot allowed to be lonely; a destitute.
Citations: [2015 SCC 3 220], [2015 SCC ONLINE SC 53]
Other Sources:
https://indiankanoon.org/doc/188951670/
https://www.casemine.com/judgement/in/581180e72713e179479dda10
This was followed in this decision here.
Shyamlal Devda Vs Parimala Cases
In this bunch of cases, the false cases were crumbled by Courts.
-
- Shyamlal Devda and Ors Vs Parimala on 18 February 2019 [DVC case Quash petition dismissed at Karnataka High Court]
- Shyamlal Devda and Ors Vs Parimala on 22 January 2020 [DVC case Quashed at Supreme Court]
- Shyamlal Devda and Ors Vs Parimala on 02 April 2019 [498A IPC case Quashed at Karnataka High Court]
Nagaraj Rao Vs Sushma Rani on 01 Oct 2020
Course of events in this case at High Court of Karnataka.
- Husband files Restitution of Conjugal Rights (RCR) and Wife makes defamatory statements in her Written Statement (WS)/Counter which she repeats in Examination. Trial Court allows RCR. Trail Court also allows Guardians and Wards Act (GWA) and allows visitation of Husband for the minor girl child. Wife shares the contents of the Counter with third parties.
- Husband files Defamation against Wife for sharing defamatory statements made in Counter. Trail Court allows it. 1 Month and 5000/- fine.
- Wife files Revision and Sessions Court dismisses it.
- Wife files Revision at HC to set aside the punishment given by Trial Court. HC part allows it and sets aside the punishment but enhances the fine to 15000/- to be paid within 60 days, and in default, punishment for 1 months!!!
- Husband also files Revision at HC to enhance Punishment. Dismissed
Deepti Kapur Vs Kunal Julka on 30 June 2020
In this case, Single Judge discussed the admissibility of evidence in cases filed in Family Courts u/s 14 and also dispelled the false notion that if a spouse obtains an evidence illegally (by installing a CCTV in this case), such act would not be violative of the other spouse’s right to privacy. And also nothing in Constitution of India prohibits such evidence.
From Para 37,
37. While consistency in law is of utmost importance and law must get its full play regardless of the fact situation, this court must record the unease it feels with regard to a certain aspect that has arisen in this matter. Marriage is a relationship to which sanctity is still attached in our society. Merely because rules of evidence favour a liberal approach for admitting evidence in court in aid of dispensation of justice, this should not be taken as approval for everyone to adopt any illegal means to collect evidence, especially in relationships of confidence such as marriage. If the right to adduce evidence collected by surreptitious means in a marital or family relationship is available without any qualification or consequences, it could potentially create havoc in people’s personal and family lives and thereby in the society at large. For instance, if a spouse has the carte blanche to install a recording device in a bedroom or other private space or to adopt any means whatsoever to collect evidence against the partner, even if in circumstances of matrimonial discord, it would be difficult to foresee the length to which a spouse may go in doing so ; and such possibility would itself spell the end of the marital relationship. It is not uncommon for spouses to continue living together, even in matrimonial strife, for years on-end. So, while law must trump sentiment, a salutary rule of evidence or a beneficent statutory provision, must not be taken as a license for illegal collection of evidence.
Citations :
Other Sources :
https://indiankanoon.org/doc/170404652/
https://www.casemine.com/judgement/in/5efb8cc29fca196e33048e01
https://www.indianemployees.com/judgments/details/deepti-kapur-versus-kunal-julka
Note: The nut case went to Supreme Court and the SC kicked out the SLP.
Atluri Brahmanandam (D) Thr.Lrs Vs Anne Sai Bapuji on 18 Nov 2010
This is regarding adoption criteria under section 10() of Hindu Adoptions and Maintenance Act 1956, which reads as follows,
10. Persons who may be adopted.―No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:―
(i) he or she is a Hindu;
(ii) he or she has not already been adopted;
(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;
(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.
From Para 16,
16. The aforesaid decision is squarely applicable to the facts and circumstances of the present case. The Andhra Pradesh High Court has recognized such a custom among the “Kamma” community of Andhra Pradesh of taking in adoption of a person even above the age of 15 years of age and has held the same to be legal and valid.
Citations: 2010 JT 12 4412011 AIR SC 5452010 CTC 6 5552010 SCJ 8 5992011 MLJ 1 7422011 ALT 1 312010 CLT 4 4612010 SLT 8 3982011 CUTLT SUPPL 8222010 AIOL 7842010 ALLMR SC 6 9792011 RCR CIVIL SC 2 972010 SCALE 12 1572010 SCC 14 4662010 SUPREME 7 8682012 SCC CIV 1 6442010 ALR 83 8812010 AIC 96 92011 CHN 1 217
Other Sources:
https://indiankanoon.org/doc/663319/
https://www.casemine.com/judgement/in/5609aedae4b0149711414e5d
AP High Court Order here.