Statement of witness should be recorded same day or next: SC
New Delhi, October 8
Statement of a witness, including his cross-examination, should be recorded either same or the following day and there should not be adjournments, the Supreme Court has said.
“The mandate of law itself postulates that examination-in-chief followed with cross-examination is to be recorded either on the same day or on the day following,” a Bench led by Justice Ajay Rastogi said.
The top court was hearing two petitions seeking quashing of bail granted by the Allahabad High Court to two persons in a murder case. The order came after the Bench was told that it took almost three months to conclude the recording of a statement of one of the prosecution witnesses.
Must conduct
Cross-examination There should not be any ground for adjournment in recording the examination-in-chief and cross-examination of the prosecution witness. —SC Bench
“In other words, there should not be any ground for adjournment in recording the examination-in-chief/cross-examination of the prosecution witness, as the case may be,” the Bench, which also included Justice CT Ravikumar, said on September 30. It posted the matter for further hearing after six weeks.
The Bench said the trial judge should take note of the top court’s judgment on Section 309 CrPC, which deals with power to postpone/adjourn proceedings. It also asked the trial judge to expedite the trial.
In two separate orders passed in February and March, the high court had granted bail to the two persons in connection with an FIR lodged at Bhadohi district of Uttar Pradesh for murder. The Bench was told that there were three eyewitnesses according to the list of witnesses and that the statement of one of the prosecution witnesses had been recorded and it took almost three months to conclude.
