Successful defences in criminal trial: A critical note
- Author Rajiv Kumar Singh
- Co-Author Tanya Singh, Pramod Kumar Singh
- DOI
- Country : India
- Subject : Law
Keywords : Criminal Trial, Defence, Objective
Abstract
The basis objective of a criminal trial is approximation of justice. Cross examination of witness produced by the prosecution is a valuable right of the accused. There are three stages in the examination of a witness, namely chief examination, cross examination and re-examination. All the witness for the prosecution need not necessarily be called but it is important that the witness, whose evidence is essential to the unfolding of narrative of occurrence, should be called. Cross-examination is powerful and valuable weapon for the purpose of testing the veracity of a witness and the accuracy and completeness of his story. The cross-examiner should thoroughly and carefully study all records furnished to the accused as well as the other record relied on by the prosecution. Defence lawyer should take advantage of non-production of material witness by prosecution. Only plea of alibi are expected to be disclosed at the earliest point of time. Other pleas can be reserved till the accused enters upon his defences though the line of defence can be deduced from the cross-examination of the prosecution witness. There are certain other general defences available to an accused such adstotal denial, cases instituted due to previous or long standing enmity, mistaken identity, alibi, case instituted for statistical purposes by the police, counter incident, political motive, case being against settled principles of law etc. The delay in lodging the FIR affects the credibility of the FIR. Where there was delay in dispatch and receipt of FIR by the Magistrate, then the case of prosecution may necessarily throw out on this ground alone. The delay of five weeks in recording statement of witness shall provide benefit of doubt to the accused. If the FIR was lodged by a Police Officer and the same Police Officer conducted the investigation also, then such investigation shall be vitiated in law. If there is discrepancy between medical evidence and oral evidence, it creates doubt and accused is entitled to acquittal. Entire trial is vitiated if no opportunity is given to the accused to produce the defence witnesses. The duty of defence lawyer is of great importance and responsibility. To save a person from false and frivolous prosecution is of course a great services to humanity.
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