Supreme Court · 2009 INSC 481 · Decided 9 April 2009
State of Orissa v. Prasanna Kumar Mohanty
- Court
- Supreme Court of India
- Citation
- 2009 INSC 481 · [2009] 5 S.C.R. 843
- Case number
- CRIMINAL APPEAL No. 704/2009
- Decided
- 9 April 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; Evidence Act; Constitution Article 142
Headnote
EVIDENCE ACT, 1872: A B s. 33 - Relevance of examination-in-chief of a witness if c he was not available for cross-examination - HELD: Despite the fact that two opportunities were granted to defence to cross­ examine the witness, he was recalled for' cross-examination - Further, for a long cross-examination - Therefore, s.33 is not applicable 0 to facts of the case - However, if the said witness is not capable of giving evidence by appearing in court, prosecution may file an application for his cross-examination through a Commissioner who would consider as to whether the witness is
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