Section 113: Absence of witness duly summoned by the defence – Duty of Court

113. Absence of witness duly summoned by the defence – Duty of Court to act judicially—On 5 July the hearing of an information was postponed for continuation to 12 July. A witness who had been duly summoned by the accused to give evidence on the 5th was, for no apparent reason, not in attendance when called to depone on the 12th. A motion by the defence for a postponement of the case to allow that witness to be heard was refused. On appeal, the Court found that the accused had in the circumstances been unjustly denied their right to have evidence heard on their behalf and quashed their conviction. Mohit v R (1980).