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In Re: the Empress Vs. Grish Chunder Talukdar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1880)ILR5Cal614
AppellantIn Re: the Empress
RespondentGrish Chunder Talukdar
Excerpt:
witness called by the court - right to cross-examine--evidence act (i of 1872,) section 165. - jackson, j.1. then as to the alleged defect in the procedure of the court of session, we have no doubt that the sessions judge was wrong in refusing to permit the cross-examination of the witness called by the court. the ordinary practice in properly constituted courts is, that where a witness for the prosecution is not called on the part of the crown, he is placed in the witness-box in order that the defence may have an opportunity of cross-examining him; and certainly, where the judge thought it necessary to call one of these witnesses for the purpose of eliciting some facts which he thought material for the prosecution, the prisoner ought to have been allowed an opportunity of putting any question that he thought necessary in cross-examination.
Judgment:

Jackson, J.

1. Then as to the alleged defect in the procedure of the Court of Session, we have no doubt that the Sessions Judge was wrong in refusing to permit the cross-examination of the witness called by the Court. The ordinary practice in properly constituted Courts is, that where a witness for the prosecution is not called on the part of the Crown, he is placed in the witness-box in order that the defence may have an opportunity of cross-examining him; and certainly, where the Judge thought it necessary to call one of these witnesses for the purpose of eliciting some facts which he thought material for the prosecution, the prisoner ought to have been allowed an opportunity of putting any question that he thought necessary in cross-examination.


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