Once the witnesses appear for cross-examination, the trial judge should allow the physical

Once the witnesses appear for cross-examination, the trial judge should allow the physical

Justice V Srishananda directed the trial judge to fix two or three consecutive dates for cross-examination of the material witnesses

2 in the Renukaswamy murder case, permitting his physical production on dates when material witnesses identified by the defence are cross-examined.

After considering the submissions, the high court said the prosecution could examine all witnesses it considered material and complete their examination-in-chief, while deferring cross-examination and directing the witnesses to appear on specified dates. The prosecution would also have the liberty to decide whether to examine the witnesses named in its list, the court said. “The decision in this case shall not be treated as a precedent as the present directions are issued taking note of the sensitivity and peculiarity of the case at hand,” Justice Srishananda said while disposing of the petition.

Bengaluru: Karnataka high court Friday disposed of a petition filed by Vijayalakshmi , wife of Sandalwood actor Darshan , accused no. Justice V Srishananda directed the trial judge to fix two or three consecutive dates for cross-examination of the material witnesses, in consultation with advocates representing the accused and the special public prosecutor. Once the witnesses appear for cross-examination, the trial judge should allow the physical presence of Darshan and any other accused, if requested. The court also made it clear that the cross-examination of witnesses must be completed on those dates without seeking adjournments. Justice Srishananda directed the parties to submit details of the material or key witnesses they relied upon. The judge clarified that the directions were specific to this case and should not be treated as a precedent.

Vijayalakshmi had sought a direction for her husband’s physical production on all dates before the trial court, contending that it was a mandatory requirement for a fair trial. Lists were subsequently placed before the court.

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