Court : Delhi
..... were before the trial judge in the challan. in the present case, the alleged incident took place in public toilet in the multani danda, pahar ganj area. the child victim/ witness was one of the four sisters who did not appear to be having the care of their parents and was living with their aunt (described by the child as bua ..... is available. subject to assistance from experts, it requires to be scrutinised whether such tools can be utilised in this country during the recording of the testimony of a child victim witness so as to accommodate the difficulty and diffidence faced. this aspect deserves serious attention of all concerned as the same may be a valuable tool in the proceedings to ensure ..... is only further aggravated. this important subject has received attention of the united nations as well which has framed the united nations guidelines on justice in matters involving child victims and witnesses of crime 2005 which recognize that children are particularly vulnerable and need special protection, assistance and support appropriate to their age, level of maturity and unique needs in order ..... , j placing reliance on the un guidelines when he wrote thus:78. the economic and social council of the united nations has developed guidelines on justice matters involving child victims and witnesses of crime (guidelines). the main objective of these guidelines is to set forth good practice on the consensus of contemporary knowledge and relevant international and regional norms, standards and .....Tag this Judgment!
Court : Karnataka - Kalaburagi
..... is contended by the petitioner that though the application in s.c.no.58/2010 is not signed by the victim/witness, she has signed in the application preferred in s.c.no.59/2010. that apart the victim/pw6 has preferred an affidavit before this court. the said affidavit is termed as affidavit for immediate purposes. ..... bound over. on 20.12.2014 examination in chief was fully completed and exhibits p9, p10, p9(a) and p10(a) were marked. the witness was not cross examined (victim) and the matter was adjourned to 23.12.14. on that day though pw5 and 6 were present, he was not cross examined and the ..... the learned public prosecutor is said to have filed a memo praying for clubbing of both the cases as the complainant and the victim are one and same in both the cases and witnesses are also common and prayed for common trial. the memo came to be filed on 15.11.2011. the counsel for ..... is said to have been sexually assaulted by the respondent-accused herein. 3. the gist of complaint is that while the petitioner s daughter/victim, who is charge sheet witness no.2 and has deposed as pw6, was on her way to attend to her tuition classes in the 3rd week of october, 2005, ..... -10-13 which has been rendered in similar circumstances. a composite reading of the pleadings and affidavit of the victim would amply demonstrate that the evidence was neither read over nor explained to the witness, wherein the court has elucidated on the procedure to be adopted by the courts while recording oral evidence and has .....Tag this Judgment!
Court : Delhi
..... quarrel about the legal preposition as well the caution to be exercised by the court while considering the testimony of the child victim/witness.19. in the case lala ram @ lala vs. state (supra), the appellant was acquitted in view of the inconsistencies in the statement of material ..... sometime in her vagina and sometime in her anal.31. so far as contention of learned amicus curaie for the appellant that the child victim was tutored witness in view of her statement made during cross examination that i told to the police as told to me by my mother which has also ..... the prosecutrix alone unless there are compelling reasons for seeking corroboration. the evidence of a prosecutrix is more reliable than that of an injured witness. the testimony of the victim of sexual assault is vital unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no ..... recorded only on 09.02.2007. thus, there was ample opportunity to tutor her. it was argued that the material witness in this case was m brother of the child victim who was aged about 6 years and he should have been examined by the prosecution to prove the occurrence and failure of ..... was acquitted. she also placed on record the copy of the judgment. learned amicus curaie for the appellant submitted that the child victim in this case is the tutored witness who deposed at the instance of her mother who was having strained relations with the appellant. she submitted that the statement of the .....Tag this Judgment!
Court : Gujarat
..... in a criminal trial, accused should be given full opportunity to raise his defence to his satisfaction. it is not shown that by recalling the victim witness, any prejudice would be caused to the complainant in the facts of the case. 6.1 while passing the impugned order, it is seen as ..... by mistake and what is recorded thereupon was not correct as the different person was named in the questions put to the victim. therefore, if recalling of complainant/victim as witness is not permitted, the alleged mistake may attain a finality on record. even if it was a mistake as per the version ..... is any basis thereof, there is no prejudice to the complainant ??s side if the permission to recall the witness-the victim is granted. he submitted that in the cross-examination of the witness sought to be recalled, by way of mistake questions were put with reference to a person of different name. ..... , however, subsequently it was noticed that the said person was not shaileshji thakore, but one rohitji thakore. it was therefore prayed to recall the witness. the learned sessions judge by one line order rejected the said application stating that as per oral submissions of the learned advocate, the parties had ..... of accused only, and he wanted to correct the same by seeking recall of the witness concerned, such opportunity should be given to him. .....Tag this Judgment!
Court : Delhi
Reported in : 2001CriLJ1935; 91(2001)DLT91
..... pw-5 is formal nature of witness and as such no evidence has come against the accused persons. hence the statement of the accused persons u/s 313 cr.p.c. are dispensed with. accused are ..... on 26th july, 1985 four witnesses i.e. pw-1 to pw-4 including the injured/victim himself gone hostile. ram bharose the victim and author of the fir resoled from his earlier statement. neither the victim nor witnesses supported the case of the prosecution. thereforee the trial court while acquitting his observed:-'as all the eye witnesses including the victim witness resoled from their earlier statements. ..... character of police station khajoori khas. he was involved in six criminal cases out of which in few he managed to get acquittal by exerting fear on the witnesses as well as on the victims. two cases are still pending. ms. mukta gupta, counsel for the state drew our attention to the track record of criminal activities of the petitioner, thereforee ..... contentions are contrary to the record. record placed on file does not support his contention otherwise why would in all the four cases mentioned above witnesses and even the victim resoled from their earlier statements. why the victim and author of fir turned hostile and did not support his case. the only irresistible inference which in such circumstances can be drawn is .....Tag this Judgment!
Court : Chennai Madurai
..... of prudence. it concerned with the probative value of the court identification. it is to test the veracity of the identification of the stranger accused in the court by a victim, witness. in the absence of such corroborative piece of evidence, the first time court identification of a stranger accused will raise doubt with regard to the veracity of the testimony of ..... this case. it is a case of an offence committed against a woman. in such cases, the approach of the court should be different. the victim in such a case shall be treated as an injured witness. even without corroboration, her evidence can be acted upon provided it is natural, consistent, cogent and believable. however, there must be strong, cogent and acceptable ..... court identification. it is substantive evidence. when prior to the occurrence the identity of the accused is not known to the victim or witness, to corroborate such court identification as regards prior identification a test identification parade is being conducted. it is a relevant fact under section 9 of the evidence act. 32. such ..... her testimony. if a possible, probable motive has been suggested on the part of the victim to implicate the accused, then her testimony could be rejected. 24. p.w.3 is a deaf and dumb. as per section 118 of the evidence act, she is a competent witness. she did not know how to read and write. in such circumstances, as per .....Tag this Judgment!
Court : US Supreme Court
..... .2163 (1986); minn.stat. 595.02.subd. 1(f) (supp.1987); n.y.crim.proc.law 60.20 (mckinney 1981); ohio rev.code ann. 2317.01 (1981); see protecting child victim/witnesses, at 45 (listing statutes). the recent reforms in some states of presuming the competency of young children and allowing juries to assess credibility at trial is not called into question ..... , are deemed competent unless otherwise limited by statute. see b. battman & j. bulkley, national legal resource center for child advocacy and protection, protecting child victim/witnesses: sample laws and materials 43-44 (1986) (listing statutes) (protecting child victim/witnesses); bulkley, evidentiary and procedural trends in state legislation and other emerging legal issues in child sexual abuse cases, 89 dick.l.rev. 645, 645 (1985 ..... ). some commentators have urged that children be allowed to testify without undergoing a prior competency qualification. see protecting child victim/witnesses, at 38 (proposing sample competency statute according children same rebuttable presumption of competency granted other witnesses); 2 wigmore 509, p. 719 ("it must be concluded that the sensible way is to put the child upon the stand to give .....Tag this Judgment!
Court : Rajasthan - Jodhpur
..... their prayer has been turned down right upto this court. if at all, the endeavor of the accused petitioner at the trial was that the victim/witness was using the mobile phone at a particular point of time and on a particular day and thereby, his/her testimony would be discredited then ..... counsel mr.bora heavily relied on the statement of pw22 ram kishore examined before the trial court and urged that the witness, during his cross examination admitted that he saw the victim strolling on the roof outside her room at about quarter to 12 in the night and she was using the phone ..... cr.p.c. is absolutely silent on the issue as to why no such request was made on behalf of the accused petitioner when the witnesses were deposing. furthermore, the trial court, while rejecting the petitioner s application has observed that the counsel 6 representing the accused moved an application ..... also dismissed by the trial court by order dated 1.7.2014 which was not challenged by any accused.6. now when the last prosecution witness namely, the investigating officer is being examined at the trial, the petitioner has preferred the application under section 91 cr.p.c. as above which ..... per relevance and produced along with the charge-sheet. the testimony of the victim, her mother and karamveer singh was completed at the trial. extensive and prolonged cross examination was conducted by the counsel representing the accused from these three witnesses. long after that, on 30.5.2015, the application under section 91 .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(2)MhLj856
..... the present time is with regard to the impact of compounding and/or quashing criminal proceedings in relation to an offence, its impact on the victim, witnesses and the society at large. this must be treated as a relevant consideration. the indian penal code has been subjected to various amendments in ..... so. but in the instant case the question is not whether any reliance can be placed on the veracity of this or that particular witness. the fact of the matter is that there is no material on the record on the basis of which any tribunal could reasonably come to ..... may be occasions where a case of approver may fall within latter two categories. for example in a case where there are large number of witnesses a long period is taken in trial where irregularities and illegalities have been committed by the court and a retrial is ordered and while doing ..... exercise of power by prosecuting agencies and conduct of trials by courts. the radical change in judicial approach relating to criminal trial, protection of witnesses and the obligation of the presiding judge to play an effective role in the evidence collecting process and to elicit all relevant material necessary for ..... to sub-serve the purpose of proper administration of justice and protection to individuals. every crime committed has dual consequences. firstly it affects the victim adversely. secondly it disturbs the fabric of the society. it may even introduce an element of fear psychosis in human relationships and thus prejudice harmony .....Tag this Judgment!
Court : Jharkhand
Reported in : [2007(3)JCR43(Jhr)]
..... nature caused by hard and blunt substance like stick within 12 hours.18. pw 7 raimunnisha is the widow of imamuddin who is also victim witness. she has also given the corroborative account of the occurrence as to how when she rushed to rescue her husband she was assaulted by ..... of the deceased.13. pw 5 habib ansari, informant of the case deposed the account of the occurrence as the eye-witness and that he was also the victim witness produced on behalf of the prosecution. he supported his statement [fardbeyan] in his substantive evidence before the trial court with-specific ..... below observed that the occurrence had taken place on trifling dispute, which initiated on hot exchange of words and converted into altercation between the witness and the appellants which caused sudden provocation to the members of the accused party and one of the accused took out stick and without ..... husband on hearing 'hallo.' it is alleged that appellant no. 2 mobarak hussain inflicted lathi blow causing injury on her arm. the occurrence was witnessed by the inmates of the house of the informant. the co-villagers also assembled at the scene. subsequently the accused qumruddin including the appellants escaped ..... appellants before the trial court was that they were innocent and the victim imamuddin ansari was assaulted by the tribal people who later on succumbed his injuries.8. the prosecution before the trial court produced as many as 11 witnesses and proved several other relevant documents such as formal fir (ext. .....Tag this Judgment!