Anil Kumar Kanojia Vs. State of Madhya Pradesh

Madhya Pradesh High Court (Single Judge)

Criminal Appeal, 2085 of 1997, Judgment Date: Dec 09, 2021

Law laid down - 

1.Evidence of a witness examined in other trial can be relied and used only when exigencies provided under Section 299 of Code of Criminal Procedure, 1973 are fulfilled i.e. if it is proved that witness had absconded or died or there is no immediate prospect of arresting him, without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.

2.If the eventualities mentioned in Section 299(1) of the Code of Criminal Procedure, 1973 are not available or if available and a specific finding has not been recorded by the Trial Court then the principles of Section 33 of the Indian Evidence At, 1872 will be applicable, namely, that evidence of a witness shall not be read unless adverse party had an opportunity of cross-examination.

Anil Kumar Kanojia Vs. State of Madhya Pradesh