Expunge of evidence

Ziaul Haque Ansari (Querist) 25 May 2016 This query is : Resolved
In a criminal trail, a witness appeard before the court and was examined in chief. His cross examination was deferred.
On thr next date fixed for cross examination, it was intimated by the father of the witness that the witness died.
Accordingly the court proceeded with the case and took up other witnesses.

At the time of examinatio of the accused u/s 313 cr.p.c. court put him questions from the examination in chief of the said decesed prosecution witness.

When the defence pleaded, that as defence could not cross examine the said witness, its no evidence and the same may be expunged and excluded.

UNDER WHAT PROVISIONS OF LAW THE SAID EVIDENCE MAY BE EXPUNGED? CITATIONS IF ANY.

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SAINATH DEVALLA (Expert) 26 May 2016
There is no provision in Indian Judiciary to the expunge the cross examination/statement of a witness either alive or dead from the records.The Hon'ble court has to proceed with further proceedings.

Dr J C Vashista (Expert) 26 May 2016
I fully agree with the advise of expert Mr. Sainath Devalla,the evidence of deceased prosecution witness cannot be expunged from judicial record in any case, however,it is incomplete evidence as the witness was not cross-examined hence same cannot be read/ relied.

SAINATH DEVALLA (Expert) 26 May 2016
Nicely concluded by Sr Legal Expert Dr Vasistha.

Dr J C Vashista (Expert) 26 May 2016
Thank you very much Mr. Sainath Devalla ji for your appreciation, I am learning from the senior advocates like yourself sir.