PP won over by accused and her Cousel

861 votes

From the facts stated, the manner in which the 81-year-old complainant is being repeatedly summoned and questioned is not legally justified. Examination and cross-examination must always remain relevant, respectful, and confined to the issues in the case. Harassing, repetitive, or intimidating questioning—especially of a senior citizen—is impermissible, and it is the court’s duty to protect the dignity of witnesses. This issue should be raised before the Presiding Judge through your advocate during the proceedings. Whenever such harassment occurs, your counsel must object and request that the objection be recorded. Courts generally intervene once it is pointed out that questioning has crossed permissible limits. You may also seek directions from the court to regulate questioning, restrict it to relevant issues, prevent repeated summoning, and limit the duration of examination. Considering the complainant’s age, courts often grant procedural safeguards such as avoiding repeated personal appearances, permitting affidavit evidence where possible, or allowing questioning to be conducted in a manner that minimizes physical and mental strain. If you have already provided relevant facts and documents, your advocate can request that you be examined for clarification instead of repeatedly summoning the elderly complainant. There is no legal requirement that all clarification must come only from the complainant when other witnesses can address the issues. If the conduct continues despite objections, a short written application can be filed seeking appropriate directions and recording the harassment on record. Once formally brought to the court’s notice, the court is obliged to ensure that proceedings are conducted fairly and without intimidation.

Advocate Yuganshu Sharma LawRato

569 votes

In such a case you can take recourse to the presiding officer and hire your own pleader who will file written pleadings and will assist the PP. For precise advice, detailed analysis of the facts is necessary.

Advocate Harshit R Gupta LawRato

660 votes

File a written application before the Trial Court requesting that further personal appearance of the senior citizen be dispensed with under CrPC, citing age, health and harassment. 2. Seek that all further clarification, if any, be taken through affidavit or written submissions instead of oral summoning. 3. Move an application seeking judicial directions to the PP to conduct prosecution fairly and not aid harassment. 4. If conduct persists, a representation to the District Public Prosecutor / higher prosecution authority can be made regarding dereliction of duty. 5. As a last resort, supervisory jurisdiction of the High Court under Section 482 CrPC may be invoked to prevent abuse of process and secure ends of justice.

Advocate Madhvi Chopra LawRato

669 votes

In this situation, you should talk to public prosecutor and explain your speacial circumstances. More and so, you can explain the court about your difficulty in physically appearing before it. You should request the court to exempt you from physical appearance. In case, you can appear virtually and explain your old age circumstances to the court. I am sure court gives leeway in similar situation. Courts are considerate and consider humanitarian grounds. At the same time, you can engage an advocate to personally assist you in your case. It will help you in predicting outcomes, devising sound strategy to win the case and way out of difficult situation.

Advocate Aditya Kumar LawRato

715 votes

Hi there, it seems that your PP is not supporting your claim. However, you have to be clear in mind that PP represents state i.e. police. In order to have proper representation you have an option to appoint an advocate on your behalf i.e. the advocate of complainant who will be presenting the case as per your instructions. If you have any questions feel free to contact me.

Advocate Ishan Parashar LawRato