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The unique point decided in *2021 P Cr. L J 417* is that evidence (witness statements and documents) from one criminal case cannot be used directly in another criminal case without summoning, examining, and cross-examining those witnesses in the new case. This ensures adherence to due process and a fair trial.
bject at a later stage---Validity---Petitioners had no occasion to object when the other set of witnesses of other criminal case was not brought in the witness box and their statements had not been made part of the court record in another case---Petitioners had rightly objected at the appropriate stage and the Trial Court was under an obligation to decide the matter---Supreme Court had held that justice should not only be done but should manifestly be seen to be done---Therefore, in order to ensure that the trial was fair and in accordance with law, the witnesses and documents must be summoned and recorded as per law in the case they were relevant, with the opportunity for examination and cross-examination provided to all parties---Petitioners' application for summoning of witnesses and documents was allowed and the impugned order was set aside.
**Decision:**
The High Court held that:
1. There is no legal provision that allows the deposition of witnesses from one criminal case to be used in another criminal case without summoning those witnesses.
2. Certified copies of statements from one case cannot be directly used in another case without the witnesses being summoned, examined, and cross-examined.
3. Adopting evidence from one case into another without proper legal procedures would cause a serious defect, prejudice the defense, and amount to illegality.
4. Such practices would vitiate the trial and could not be protected under Section 537 of the Criminal Procedure Code.
5. The objection to using evidence from one case in another was rightly raised by the petitioners, and the trial court should have properly addressed the matter.
6. The principle that justice should not only be done but also be seen to be done requires that witnesses and documents relevant to a case must be properly summoned and recorded with opportunities for examination and cross-examination.
Consequently, the petitioners' application to summon the necessary witnesses and documents was allowed, and the impugned order dismissing their application was set aside, ensuring the trial proceeded in a fair and lawful manner.
Object at a later stage---Validity---Petitioners had no occasion to object when the other set of witnesses of other criminal case was not brought in the witness box and their statements had not been made part of the court record in another case---Petitioners had rightly objected at the appropriate stage and the Trial Court was under an obligation to decide the matter---Supreme Court had held that justice should not only be done but should manifestly be seen to be done---Therefore, in order to ensure that the trial was fair and in accordance with law, the witnesses and documents must be summoned and recorded as per law in the case they were relevant, with the opportunity for examination and cross-examination provided to all parties---Petitioners' application for summoning of witnesses and documents was allowed and the impugned order was set aside.
**Decision:**
The High Court held that:
1. There is no legal provision that allows the deposition of witnesses from one criminal case to be used in another criminal case without summoning those witnesses.
2. Certified copies of statements from one case cannot be directly used in another case without the witnesses being summoned, examined, and cross-examined.
3. Adopting evidence from one case into another without proper legal procedures would cause a serious defect, prejudice the defense, and amount to illegality.
4. Such practices would vitiate the trial and could not be protected under Section 537 of the Criminal Procedure Code.
5. The objection to using evidence from one case in another was rightly raised by the petitioners, and the trial court should have properly addressed the matter.
6. The principle that justice should not only be done but also be seen to be done requires that witnesses and documents relevant to a case must be properly summoned and recorded with opportunities for examination and cross-examination.
Consequently, the petitioners' application to summon the necessary witnesses and documents was allowed, and the impugned order dismissing their application was set aside, ensuring the trial proceeded in a fair and lawful manner.
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