Evidence Act, 1872, Section 145

Evidence Act, 1872—Section 145—Criminal Procedure Code, 1973, Section 311—Application for summoning the prosecution witness for further cross-examination—Declined by the High Court on the ground that the application was filed after a lag of more than 20 years— Held, the delay in filing the application should not have been the sole ground for rejecting the application—The High Court does not say that the appellants were in anyway responsible for the inordinate delay in their appeals, that remains pending since 1976, being taken up for hearing—That being the position, as long as the appeals were pending, the High Court should have considered the appellants’ request for summoning PW.1 for further cross-examination on merits, and in light of the relevant legal provisions.


File Name:- SC_MAY 2012_2
Citation: - 2012 APEXLAWJOURNAL.COM (S.C.) 560