Friday, 25 January 2013

Sitting other witness in court during Trial


 The court has,under the proviso to Sec. 327 (1) Cr.P.C.,

the

power to order that any particular person, witness or police officer not under

examination shall not remain in the court room. A general direction can be

given to the Public Prosecutor that occurrence witnesses to be examined are

not allowed to remain in the court hall till their turn arrives. When the accused

objects to the presence of a police officer or other person inside the court hall,

the trial judge has to consider his objections, having regard to the intelligence

and the susceptibilities of the class to which he belongs and such other

relevant circumstances (See State v. Charulata Joshi - AIR 1999 SC 1373;

Kasi Iyer v. State of Kerala - 1966 KLT 452 = AIR 1966 Kerala 316).

under the proviso to Sec. 327 (1) Cr.P.C.,
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