S.273 of CR.P.C. Evidence to be taken in presence of Accused.-Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the Accused, or, when his personal attendance is dispensed with, in the presence of his pleader:
If there was an infraction, which otherwise does not vitiate the trial by itself, the attempt must be to remedy the situation to the extent possible, so that the interests of the Accused as well as societal interest are adequately safeguarded. The very same witnesses were directed to be de novo examined which would ensure that the interest of the prosecution is subserved and at the same time the Accused will have every right and opportunity to watch the witnesses deposing against them, watch their demeanor and instruct their counsel properly so that said witnesses can be effectively cross-examined. In the process, the interest of the Accused would also stand protected.
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 656-657 of 2019.
Decided On: 11.04.2019
Atma Ram and Ors. Vs. State of Rajasthan .
Hon'ble Judges/Coram:
U.U. Lalit and Indu Malhotra, JJ.
Author: U.U. Lalit, J.
Citation: (2019) 20 SCC 481,2019 INSC 516, MANU/SC/0526/2019.
1. Leave granted.
