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Evidence in Rebuttal

By All India Reporter

Published In

CrLJ 1941

In courts of summary jurisdiction, it is rarely that the prosecution offers or is allowed to give evidence to rebut the case for the defence. Yet s. 14 of the Summary Jurisdiction Act, 1848, evidently contemplates that such evidence may be given. That section, after prescribing the procedure for hearing the prosecutor or complainant and such witnesses as he may call, as well as the defendant and any witnesses he may call, goes on to direct the justices “also to hear such witnesses as the prosecutor or complainant may examine in reply, if such defendant shall have examined any witnesses or given any evidence other than as to his the defendant’s general character.”t evidence to rebute the defence This does not confer a general right upon prosecutors or complainants to call farther evidence after the defendant has closed his case, but it recognises the right of the prosecutor or complainant in summary proceedings to call evidence, to rebute the evidence for th ....

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