Ritwick Shrivastav, Amity Law School, Delhi, IInd yr, ritwick9a@gmail.com. High Court can't say, it's over, hang him separately. The questioning and allegations can take a serious toll on the survivor’s already vulnerable mental state. Karuna Nundy, a Supreme Court advocate also pointed out similar problems with the FIR and the arrest. He had objected to it by clearly stating that while he was in custody, he was shown to certain witnesses.
Chambers of Sr. … Therefore, post the filing of chargesheet, you can start all over again. Rebecca John, Senior Advocate, Supreme Court#HooliganismNotNationalism, A complete breakdown of law and order.
The passionate gun control advocate shares her thoughts about the impact of gun lobby groups in Australia. Referring to Delhi High Court judgment in Ashok Sagar v State, she said that even seriousness of the offence is not a determinative factor to reject bail. Rejection of one bail application is not a bar to submit subsequent bail application, if there is a change of circumstances. “I believe the arrest was completely unnecessary and the registration of the FIR itself was completely unnecessary,” she added. If we can reduce the noise. WhatsApp . I - 45, Second Floor (Right) “The courts must take the responsibility of explaining to the witness what they need to do during the trial. When you oppose a remand, and further remand is not granted, the consequence is that accused is released on bail.
Now, senior advocate Rebecca John, representing Priya Ramani, will make her final argument in the case. 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.
“So this whole experience becomes very scary.”. There should be "fair disclosure" from prosecution, John said, referring to SC decisions in Sidhartha Vashisht @ Manu Sharma vs State of NCT of Delhi and V K Sasikala v State. Often, the prosecution argues that the grant of bail will send a wrong message to the society. Disclaimer: PLD is a legal resource group licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License and has a valid FCRA number.
You must have conversations with the accused during this time. Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies. 7 month ago, @timesofindia Click to get started. Join Facebook to connect with Rebecca John and others you may know. Rebecca has an extensive practice in criminal law at trial and appellate courts including the Supreme Court. John was born in the Vale of Glamorgan, Wales. But mere bland refusal will be counter-productive, she cautioned. This is a strategy that can be employed to highlight your defense and for ensuring that a fair investigation takes place. Subscribe to The Quint's newsletter and get selected stories delivered to your inbox every day. As a senior advocate I am deeply disturbed: Rebecca John to NDTV on #PatialaHouse violence #JNURow, @the_hindu Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments. Show a human side of the court by treating the witness as a human being then a lot can change.”, Rebecca ended this discussion saying that it is not just about conviction but about the woman’s experience inside a courtroom. Rebecca John (born 15 April 1970) is a presenter and reporter for Wales Today, BBC Wales on British television. Prior to 2005, the prosecution would only rely on Section 9 of the Indian Evidence Act for TIP. “Today its the Talwars and the world believes its okay.
This is also a legally flawed argument.
If you feel the need to summon material for your defence, which would otherwise be destroyed, Section 91 CrPC can be employed to ask the Court to summon such material. Share. Rebecca John, senior advocate. 4 years ago. 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. One can refer to materials outside the charge sheet, which are of unimpeachable nature, to challenge on order on charge. Even if that does not result in any immediate advantage, it can be helpful later, at the stage of cross-examination.This is very relevant, as during investigation stage, police relies very heavily on confessional statements, even if they are inadmissible in evidence. Senior Advocate Rebecca John on ‘How to humanize rape trials?’ Rape trial in courtrooms can be rather intimidating for the survivors.The questioning and allegations can take a serious toll on the survivor’s already vulnerable mental state.But what does it take to humanize a rape trial and make survivors walk out the courts with replenished self-esteem and their head held high? Rebecca John, recently designated a Senior Advocate was most recently in the news as the defence counsel of the Talwars in the Aarushi trial. Stating that this was an area where criminal lawyers do not pay much attention, she said that multiple strategies could be employed at the remand stage. As regards seeking discharge, the law is, if two views are possible at that stage, the Court should adopt the view favouring the accused, and should not act as a mouthpiece of the prosecution, John said.