No. Neither the Police represented by the State nor the Defacto Complainant withdraw the Case once instituted in the Court after filing of Chargesheet and the Calendar Case was numbered. Only exceptions are those offences categorized under Section 320 Cr.P.C.
No. The law does not allow or made any provision for the Complainant be dispensed with from personal appearance in the Court during Trial or till disposal of his Case.
Yes. The Accused can file a Petition under Section 205 of Cr.P.C. citing reasons for his inability to attend the proceedings of the Court. He might also pray that his Counsel be allowed to proceed with his case in his absence and in the result any adverse judgment is pronounced he would oblige the same.[…..]
Section 320 of Cr.P.C. directly deals with it. It has identified certain offences for compromise with the permission of the Court provided the victim has expressed to compromise.
There is no provision in the Code of Criminal Procedure, wherein, this type of situation is directly answered. However, Section 317 [1] of Cr.P.C. categorically states that the absence of Accused on the hearing date could be condoned by the Court. Generally, Section 317 Petition is filed by the Counsels of the Accused in the[…..]
Accused is allowed to examine his own Witness with the leave of the Court under Section 154 of The Indian Evidence Act. Equally, the same Section allows the Prosecution to Cross those Witnesses lined-up by the Accused.
Yes, Accused himself is a competent Witness in his case. He can exercise such option under Section 315 of Cr.P.C.
Yes, Accused can produce his Witnesses and Documents in the Court by invoking Section 311 of Cr.P.C.
Courts are not critical of Hostile Witnesses, therefore they are not punished. Otherwise, neither Courts nor Police can force / compel Witnesses to speak what they wished to listen. This was set out in The Indian Evidence Act.
Hostile Witness is a one who testifies before the Court that he has no knowledge of the crime and / or gave adverse comments against the Prosecution on the case.