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Govind singh   23 March 2017

Cross examination in 498a

Dear Experts,

In context of cross-examination of wife/complainant in 498a case, is it better:

(i) to present some evidences to her to confront her false allegations or

(ii) to save all evidences for defence evidences?

Of (i) and (ii) above which is better and what are advantages & disadvantages of (i) and (ii) above.

Thanks and regards,

Govind



Learning

 4 Replies

Sachin (N.A)     23 March 2017

There is no need to show defence evidence at the time of cross-examination


(Guest)

It wont matter much as your counsel should intimate opposite party lawyer as to which evidence he or she is producing before he or she produces before the hon magistrate.


(Guest)
If evidence exposes her false claims in her statement, use it when you cross her. Complainants cross is the most critical aspect of cases and you should not let any chance go during that stage. But do save and use evidence such as your alibi for your defense that are not of much use when you cross her. In either case, you can use evidence to support your points during arguments. Also, I'm not sure that all evidence must be disclosed to them apriori. If evidence is used to rebut her statements or expose her lies during cross, they don't need to be disclosed a priori I think. E.g. If she says during cross that you never gave her money, you can introduce bank statements and question her about those at that time without disclosing the bank statements before hand. I am not entirely sure about this aspect though. You should check with an expert. Good luck.

s. ganesan   25 March 2017

 

FIRST AND FOREMOST THING TO BE NOTED IS THAT THE CRIMINAL LAWYER MUST THROUGH IN THAT FIELD.  THEN CRISTALISE THE MATERIAL POINTS. THEN LOOK AFTER THE CHIEF EXAMINATION.  IT IS ADVISABLE TO DEFER THE CROSS OF WITNESS.  THEN LATER RECALL THE WITNESS TO MAKE EFFECTIVE CONTRADICTION.  MUST  HAVE A GOOD PRESENCE OF MIND TO ALTER OR TACKLE AND HOOK UP QUESTIONS FROM THE ANSWERS FROM THE WITNESSES.  THERE SHOULD NOT BE ANY ADVERSE ANSWERS. ALL QUESTIONS ASKED IN THE CROSS MUST HAVE THE REPLY YES.  IF THESE POINTS ARE SATISFIED, THE CASE AND WITNESS WILL BE WON.


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