Cross-examination-Criminal case

Om Prakash Dhusia (Querist) 25 December 2010 This query is : Resolved
Dear Sirs:-1)During cross-examination if certain issues were not confronted by defence with PW,will statement from PW would be fatal for accused?2)If prosecution did not raise objection to the statement of PW which was contrary to what he spoke in statement u/s 161 CrPC,thereby not declaring him "Hostile"& even if, then also PW was not Examinationed-in-chief,which of the statement would be admissible as evidence against accused?3)If the FIR is stated to be lodged on a particular date on record but IO during cross-examination mentioned it to be on different date,what it be construed as?4)How to prove, the trial judge was biased towards accused?Any takers please.

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Arvind Singh Chauhan (Expert) 25 December 2010
1- May be but how fatal it is, depends upon the statement

2-What he has stated on oath in court is admissible.

3- It is fatal for prosecution.

4- Only his actions or order may be helpful for this purpose. If these seems to be biased or irregular.

Dineshwar Singh Kaushik (Expert) 25 December 2010
1-Yes but it depends upon the statement of PWs in court.
2- the evidence recorded in court is admissible,
3-Fatal for prosecutionm
4-Depends on the circumstances of the casem

Guest (Expert) 25 December 2010
(1) It cannot be simply thought that if the witness changes his version in Court from what he stated in Statement u/s. S.161 Cr.P.C. It may be fatal to the prosecution or not depends upon how the defence counsel cross the witness, if the version of the witness is against him compared to his statement u/s.161 Cr.P.C.
(2) If there is any difference in version, it can be substantiated by any other witness statement or documentary evidence and the like.
(3) Date of registration of F.I.R. is taken by the Court only as per the Record and not by memory, even if it is wrong. If the date of the F.I.R. is the main point in the case, it shall be corroborated with any other evidence and point out the "intential error" of the I.O.

DEFENSE ADVOCATE.-firmaction@g (Expert) 26 December 2010
Please note that courts do not work like scales. You have to bring the lapses on record by cross., otherwise it goes un noticed and results are defferent.