Complainant witness is not cooperating for cross examination
Raj
(Querist) 27 May 2015
This query is : Resolved
Sir,
In my one criminal case filed by sister in law on 498-A/406 has depsosed on oath with lenghty submissions..but when for crss examination she is not cooperating for all.On leading question put on her, she has to give reply in yes or no but when on recording the senetence she delibrately creates obstacles by saying that she doesnot mean and she doesnot mena that..On questiosn put on her she asked many times the same question but refused to answer it as result cross examination defered
My query is that she delibrately obstructing the court proceedings on flimsy grounds .Is there any mechanism or procedure throught which the recordings can be made smoothly..
Regards
ADV-JEEVAN PATIL, MUMBAI
(Expert) 28 May 2015
Court will take a note of n her case will become weak. Defend yourself politely
Raj
(Querist) 28 May 2015
sir Point is that such things are not taken on record..Ahlmad/Court master are recording the statements as Magistrate is busy in attending otrher cases
If she repeatedly interrupts, change the format of the leading questions and refuses to give answer to questions--any remedy is there as her cross examination is defeered for 3 months?
P. Venu
(Expert) 28 May 2015
Your advocate can bring the matters to the notice of the Magistrate.
Dr J C Vashista
(Expert) 30 May 2015
It is the duty of Magistrate to get the deposition of witness(es) done in his (personal)presence, otherwise, it is not an evidence.
However, if the witness is avoiding reply of such questions, change the pattern of your question, i.e., ask same question in a different (but polite) manner to extract desired answer.
Whatsoever, the court has no such mechanism to compel the witness to reply all questions.
T. Kalaiselvan, Advocate
(Expert) 04 June 2015
This irritation shall be protested by the advocate who cross examines the witness. If the advocate is not taking interest then you may change the advocate immediately or instruct him to handle the same properly.Place an objection before the magistrate of her ill-mannered behavior.
Raj
(Querist) 12 June 2015
Thank you Kalaiselvan sir...Point is the magsitrate donot ever presnet in court as he is busy in other admin work and there are 70-80 cases there every day and only court master/ahlmad and some other perosn recording her statements..can any application under provisions of crpc be made or any provision for video recording??
Raj
(Querist) 24 June 2015
thanks for all
