Evidence Law – Child Witness – Evidence of a child witness can be recorded if the concerned Judge is of the opinion that the witness is capable enough to understand the question and give answers based on such understanding. It is for the Judge to arrive at such a satisfaction.
Gauhati High Court
Code of Criminal Procedure, 1973 – Section 311 – Power to recall the witnesses – Issue of a right to a fair trial – Purpose of cross-examination of a witness – Cross-examination or the absence of it due to unavailability of counsel.
Evidence Act, 1872 – Section 145 – Cross-examination as to previous statements in writing – Correct manner of proving contradictions as to any previous statement made by a witness.
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