Supreme Court of India

State of Orissa v. Prasanna Kumar Mohanty

Neutral citation
Reported as [2009] 5 S.C.R. 843
Bench S.B. Sinha and Dr. Mukundakam Sharma JJ.
Decided 9 April 2009

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that the prosecution may file an application for his cross examination through a Commissioner which may be allowed by the learned Trial Judge.

Judgment, page 5

From the headnote

EVIDENCE ACT, 1872: s. 33 - Relevance of examination-in-chief of a witness if c he was not available for cross-examination - HELD: Despite the fact that two opportunities were granted to defence to cross­ examine the witness, he was recalled for' cross-examination - Further, for a long period he did not ma~e himself available for his cross-examination - Therefore, s.33 is not applicable 0 to facts of the case - However, if the said witness is not capable of giving evidence by appearing in court, prosecution may file an application for his cross-examination through a Commissioner who would

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