Section 165 of IEA : Section 165: Judge's power to put questions or order production.
IEA
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Explanation using Example
Example 1:
Scenario: A theft case in a local market.
Context: During the trial, the prosecution presents a witness who claims to have seen the accused stealing goods from a shop. The defense argues that the witness is unreliable.
Application of Section 165: The Judge, seeking to clarify the facts, asks the witness directly, "What exactly did you see the accused doing at the time of the theft?" The Judge also asks the shop owner to produce the CCTV footage from the day of the incident.
Outcome: The witness describes the actions of the accused in detail, and the CCTV footage corroborates the witness's account. The Judge uses this information to make a more informed decision about the reliability of the witness and the guilt of the accused.
Example 2:
Scenario: A civil dispute over property ownership.
Context: Two parties are in court over the ownership of a piece of land. Both parties present various documents and testimonies to support their claims.
Application of Section 165: The Judge, aiming to uncover the truth, asks both parties to produce the original sale deeds and any other relevant documents. The Judge also questions a third-party witness, a neighbor, about the history of the land ownership.
Outcome: The original sale deeds reveal that one party's claim is based on a forged document. The neighbor's testimony provides additional context about the land's history, supporting the other party's claim. The Judge uses this evidence to rule in favor of the rightful owner.
Example 3:
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