MOHAMMED HANEEF @ JACKIE HANEEF Vs. STATE OF KERALA

JUDGEMENT

(1.) Together with a request to recall PW4, PW13 and PW16, who are cited as defence witnesses 1 to 3 in the list, the defence wanted to examine witness No.8 K.V.Sujatha, who was allegedly the wife of PW42.

(2.) The learned Senior Counsel for the petitioner has presently requested for a permission to examine those witnesses in the list. As far as the recalling of PW4, PW13 and PW16 is concerned, this Court is of the view that there is absolutely nothing to interfere with the impugned order passed by the court below.

(3.) Regarding the examination of witness No.8 K.V.Sujatha, the court below has found that it is barred under Section 153 of the Indian Evidence Act. The learned defence counsel has pointed out that in all situations it cannot be said that such an examination of a witness to contradict another witness is not barred under Section 153 of the Indian Evidence Act; whereas, the bar comes into play only when questions to shake the credit or credibility of a witness were put to that witness by injuring his character.