Apni Law Staff asked 2 years ago
A witness initially refused to reveal the name of the caller who informed him about his nephew’s murder during a juvenile court hearing. However, during a subsequent deposition, he disclosed this information. The defense did not confront him about this change. Now, the prosecution is seeking to summon the caller through a petition under CrPC Section 311. Can the defense raise objections to this move?
Best Answer
Apni Law Staff answered 2 years ago
Yes, the defense can raise objections to the prosecution’s petition under CrPC Section 311. The defense can argue that the witness’s change in testimony was not brought to their attention during the deposition, thus hindering their ability to cross-examine him effectively. They can also argue that summoning the caller at this stage would be prejudicial and disrupt the trial’s fairness.
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