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thirumala1 (yyyyyyyyyyyyyyyyyy)     22 June 2014

Cross-examination

hello experts,

 In a criminal case if the petitioner made unknowingly the admissions during cross-examination/chief,what vl be the fate of the case? are their any other provisions to overcome this in next hearing? is their any scope for the petitioner to ask for the re-examination? (taking a plea that he had totally confused the petitioner) this all happend in the absence of senior advocate,his junior was present for the trial. Kind request to advice on this issue



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 3 Replies

adv.raghavan (Advocate,9444674980)     22 June 2014

Query lacks clarity.

T. Kalaiselvan, Advocate (Advocate)     25 June 2014

The evidence once adduced and recorded in the open court in the form of chief/cross examination, the same cannot be modified or rectified at a later stage except at the same time. The subsequent action will be termed as filling up lacuna which is not allowed by law.  The matter can be taken up during argument, however, even that may not be of much use as the contradictions were already expressed and established before the court.

adv.raghavan (Advocate,9444674980)     25 June 2014

Agreed with the above, and rightly said.


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