#defence witness

Rajasthan High Court rules that trial courts cannot reject applications to summon defence witnesses merely on grounds of premature relevance assessment. The judgment underscores that the relevance of a witness can only be determined after examination, ensuring fair trial rights under CrPC Section 244(3). The ruling sets aside an order denying summons to a bus conductor in an NDPS case, reinforcing judicial scrutiny over witness relevance.

The Gauhati High Court has ruled that an accused can use a prior police statement to cross-examine a hostile witness even if that witness was called by the defence, not the prosecution. This clarifies that Section 145 applies irrespective of which party called the witness, strengthening the accused’s right to confront evidence and ensuring fair trial protections in criminal proceedings.