Testimony of Judge Witness in Criminal Case:-
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Testimony of Judge Witness in Criminal Case:-
Karnataka
High Court Declines Request for In-Person Testimony of Judge Witness in
Criminal Case:-
In
a case of “Mahadev And State of Karnataka” (Criminal Petition No 200953/2023
dt. 11-08-2023/HON’BLE Justice Venkatesh Naik T).
On
June 27, 2017, when the Principal Civil Judge and JMFC in Vijayapura was
performing her official duties, the accused entered the room with the intention
to argue, verbally abused her. The police initiated legal proceedings against the
accused and submitted a charge sheet containing charges under sections 353,
448, 504, and 506 of the IPC.
The
petition requesting the personal attendance of the Principal Civil Judge for
the purpose of cross-examination as a witness in his case, rather than
utilizing video conferencing, has been rejected by the Karnataka High Court.
The
Court has held that the panel made
reference to the exception in Section 275(1) of the CrPC, which states that
testimony from a witness under this subsection can also be captured using Audio-Video
Electronic methods, with the accused person’s lawyer present.
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