Legal Reference Library

Delhi High Court has recently held that if cross examination of a witness is concluded by a counsel upto best of his capability, subsequent change of counsel by a party would not confer any right on him/her to recall the witness for further cross examination or to fill up the lacuna, if any, left. The Bench comprising Justices Pratibha Rani and Pradeep Nandrajog also held that the witnesses cannot be harassed by a party by making them to reappear for cross examination just because the new counsel wants to further cross examine them. Recalling of a witness after the trial has concluded has the direct effect on expeditious conclusion of the trial. The Bench was hearing an Appeal against a Family Court order whereby the Judge has dismissed the three applications filed by wife in a Divorce proceedings. The evidence by both the parties stands closed and the matter is listed for final arguments. At that stage the appellant/wife filed three applications for re-calling some witnesses and givin...

Delhi High Court has held that when a deaf and dumb witness is under cross-examination, the Court is required to take due care of the fact that vocabulary of such a person is limited as he or she speaks through sign language and it may not be possible for that witness to answer, or in detail explain every answer by sign language and this disability of a limited vocabulary of sign language does not affect either the competence or the credibility of such witness. Justice Mukta Gupta has made the above observation while disposing an Appeal filed by Accused convicted for the offence defined under Section 9(k), punishable under Section 10 of The Protection of Children from Sexual Offences Act, 2002, for sexually assaulting a 12 yr old deaf and dumb girl. The twin arguments raised by Counsel for the appellant are that since the prosecutrix could not be cross-examined her testimony cannot be read in evidence and even if the offence is proved against the appellant, the same would fall under Se...