Ekene Godwin vs State Of Tamil Nadu 2024 INSC 229 – S 148 Evidence Act – S 242 CrPC

Criminal Trial – When the examination-in-chief of a material prosecution witness is being recorded, the presence of the Advocate for the accused is required. He has a right to object to a leading or irrelevant question being asked to the witness. If the trial is conducted in such a manner, an argument of prejudice will be available to the accused – Trial Court ought to provide a legal aid Advocate to the appellantsaccused so that the evidence of the prosecution witnesses could have been recorded in the presence of the Advocate representing the accused. (Para 5-6)

Code Of Criminal Procedure, 1973; Section 242 Indian Evidence Act, 1872; Section 138 – In a warrant case, in view of the proviso to the sub-section (3) of Section 242 of the Code of Criminal Procedure, 1973 , the Magistrate, by recording reasons, can permit cross examination of a witness to be postponed till a particular witness or witnesses are examined -The normal rule is that witnesses shall be examined in the order laid down in Section 138 of the Indian Evidence Act, 1872. Sub-section (3) of Section 242 of the Cr.PC is the exception to the rule. (Para 6)

Leave a Comment

Your email address will not be published. Required fields are marked *