Cross examination

Jolly James 9447287658 (Querist) 06 January 2012 This query is : Resolved
Dear experts

In a trial of rape case I did not challenge the age of victim. Her age as per statement was 14 but as per the school certificate it was 15. So I did not ask any question or challenge about her age. The school certificate was challenged while examining the head master. The court take a stand that I failed to challenge the age of the victim so I cannot challenge the school certificate or her age. Is it correct. My view is that prosecution should stand their on foot. The defect of the defense will not strengthen the case. what you say can you suggest any ruling.

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Shonee Kapoor (Expert) 06 January 2012
Defence can raise any query at any time. You may add defences later too.

You should challange the same

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

SAANJAAY GUPTAA (Expert) 07 January 2012
You may be free to ask relevant questions in cross examination but some time your question may create trouble to yourself, you can challenge the same to the witness.

Arvind Singh Chauhan (Expert) 07 January 2012
Sir you are quite right.

Guest (Expert) 07 January 2012
THE QUESTIONS MUST BE ALREADY PUT BEFORE THE P.W.1. ITSELF IN ORDER TO MAKE OUT A DEFENCE. IF YOU LEFT FILE RECALL AND ASK THE SAME. THEN ONLY YOU CAN PUT IT BEFORE OTHER MATERIAL WITNESSES ESPECIALLY TO INVESTIGATION OFFICER. YOU MUST TAKE ALL YOUR DEFENCES EARLY. YOU CANNOT BE PERMITTED TO FILL UP THE LACUNA LATER.

prabhakar singh (Expert) 07 January 2012
yes! experts have rightly opined.

Deepak Nair (Expert) 07 January 2012
Agree with the experts.

Rajeev Kumar (Expert) 07 January 2012
Agree with experts

Dr V. Nageswara Rao (Expert) 07 January 2012
1. The question of challenge of age in a rape case is relevant for the purpose of showing that she is 16 or above years of age.
2. If she is below 16 her consent is irrelevant and the accused is laible.
3. When you say that you have not challenged her age at an early stage of trial, do you mean that you accepted her statement as to her age that it was 14 or 15? Both the ages are suicidal for you.
4. When you say you wanted to challenge her School Certificate, for what purpose? What is your stand regarding her age? Above 16?
5. The bottomline is that it is for the prosecution to shaow that (a) intercourse took plce withour her consent if she is above 16 or (b) with or without her consent if she if is below 16.
6. Of course, at this stage also you can challege the school certificate but take a stand that she was above 16 and that she consented.

Arun Kumar Bhagat (Expert) 07 January 2012
The stand taken by the Session Judge appears to be logical.

Raj Kumar Makkad (Expert) 07 January 2012
Nageswar Rao has clearly opined each and every aspect of the query so it is better for you to follow him.

Jolly James 9447287658 (Querist) 07 January 2012
Thank you very much all of you sir. My contention is her age is 17. Thank you

prabhakar singh (Expert) 07 January 2012
Then she is minor!
good night ! I am tired now.

Devajyoti Barman (Expert) 07 January 2012
Yes very rightly advised above...

Jolly James 9447287658 (Querist) 07 January 2012
Thanks all of you.

M/s. Y-not legal services (Expert) 09 January 2012
yes sir., your goodness your did not ask any question reg that., thats called as "suicide questions"

whats the section sir? 366 ipc or 366.a ipc?

-tom-

Jolly James 9447287658 (Querist) 09 January 2012
Dear Tom sir Section is 376 I.P.C.

R Trivedi (Expert) 16 January 2012
We have to understand the importance of suggestive questions in such matters. Courts give sufficient opportunities to defense, but it is difficult for the courts also when defense comes up with afterthoughts.

Cross examination

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