cross examination in appeal?

anshul sangal (Querist) 04 May 2010 This query is : Resolved
Can cross examination be conducted in appeal?

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Raj Kumar Makkad (Expert) 04 May 2010
Yes uf additional evidence has been led at appellate stage.

N RAMESH. (Expert) 04 May 2010
I agree with Mr.Makkad

Parveen Kr. Aggarwal (Expert) 04 May 2010
In appeal, no evidence is led by any of the parties so, there arises no question of cross-examination in appeal. However, in peculiar circumstances if evidence is led by any party in any appeal (e.g. additional evidence), then the other party certainly has a right to cross-examine the witness(es).

G. ARAVINTHAN (Expert) 10 May 2010
of course, based on the need of the additional evidence, cross examination can be done

M/s. Y-not legal services (Expert) 07 October 2010
I can't agree with above experts.. In appeal which judge allowing additional evidences.. Directly arguements only.. After issued notice to the respondent and, if recieved records from lower court mean next step is arguements only..

M/s. Y-not legal services (Expert) 07 October 2010
Am supporting to mr.agarwal

Advocate. Arunagiri (Expert) 07 October 2010
Additional evidence is permissible in the appeal. Usual procedure for the inquiry should be followed. So, the cross examination can be done. Please see S.391 Cr.P.C.

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