This is also an untenable argument. John today also refuted Akbar's assertion that he "worked very hard" and that "his reputation was tarnished" due to Ramani's tweets and article. John underlined the importance of stage of Section 207 CrPC. At that stage, the case against the accused is crystallized, and evidences and witness statements are secured. I have not run away. It must be remembered that the accused has the right to silence, and right against self-incrimination, which is protected under Article 20(3) of the Constitution. Prior to 2005, the prosecution would only rely on Section 9 of the Indian Evidence Act for TIP. Get the best of SheThePeople delivered to your inbox -. It makes them increasingly frightened and they do not want to testify. “The courts must take the responsibility of explaining to the witness what they need to do during the trial. This is a strategy that can be employed to highlight your defense and for ensuring that a fair investigation takes place. In the 2G Case (Sanjay Chandra vs CBI), the Supreme Court held that once the chargesheet is filed, the accused can taken benefit, and bail should be ordinarily granted, as the investigation is over and the accused is not required for any purpose other than trial. The Court must be asked to order an independent enquiry and medical examination. every passing year. There was an avalanche of disclosures against MJ Akbar. Her’s was one of them," John said today. Comparing the initial phases of investigation to a "cat and mouse game", she said that when the evidence is coming against the accused in a "fast and furious" manner, it would be advisable to wait till things settle down. John highlighted that mere pendency of other criminal cases is not a ground to deny bail. Senior advocate Rebecca John on how lawyers without degrees have infiltrated the system. It is a study of pre-trial and trial stages of rape prosecutions in Delhi conducted between January, 2014 and March, 2015. Stating that there are no clear answers to this, John advised against approaching HC for quashing of FIR/Chargesheet when there are questions of facts requiring trial, which will persuade the Court to decline jurisdiction. And I have seen witnesses who have come, observed and every time they have gone back, they felt a lot better to handle it the next day.”. This is also a legally flawed argument. In this regard, she referred to a recent Supreme Court decision, Prabhakar Tewari vs State of Uttar Pradesh, which held that factors like gravity of offence and pendency of other cases by alone are not sufficient to deny bail. But mere bland refusal will be counter-productive, she cautioned. Aditi Singh. Rebecca John (born 15 April 1970) is a presenter and reporter for Wales Today, BBC Wales on British television.. John was born in the Vale of Glamorgan, Wales.She read for a degree in French and German at Robinson College, Cambridge, between 1989 and 1993, before completing a postgraduate course in journalism at Trinity & All Saints College. I have not feigned ignorance like the other side. 3) Finding judgments related to cases. ALSO READ: Why India needs more women lawyers, Rebecca has an extensive practice in criminal law at trial and appellate courts including the Supreme Court. Also Read : How To Prepare For Cross Examination Of Witnesses: Tips From Senior Adv Rebecca John.
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