de novo trial Archives

‘Amendment of charges post witness examination should not lead to de novo trial’; Allahabad HC upholds conviction of seven men in honour killing case

Allahabad High Court said that the deposition of the informant, recorded during his examination-in-chief and cross-examination prior to the amendment of charges, could not be discarded merely because of his subsequent statements made during the later examination-in-chief conducted after the inclusion of Sections 504 and 506 IPC.

Case Briefs High Courts

‘Ugly haste has been shown by the Trial Court’; Patna High Court orders fresh trial in POCSO case which concluded in one working day

The Patna High Court held that the trial in the POCSO case was vitiated as it was commenced, conducted, and concluded in just one working day, in violation of principles of natural justice and in disregard to the provisions of CrPC. Thus, the matter was remanded to the Trial Court for fresh trial.

Case Briefs Supreme Court

Supreme Court emphasises on Appellate Courts’ limited scope in remanding back the matter for a de novo trial

The remand in the present case could only be correlated with Rule 23-A of Order XLI CPC and for its applicability, the necessary requirements were that “the decree is reversed in appeal and a re-trial is considered necessary”, thus, the Supreme Court held that the remand in the present case was not justified.