Examination of complainant
Tashi Norbu Basi
(Querist) 06 October 2012
This query is : Resolved
Respectful salutations esteemed experts,
My query concerns examination of complainant:-
During examination in chief:-
1. Can absolutely new allegations and alleged facts which have not been mentioned in the FIR nor in statement u/s 161 CrPC be recorded by Court? Please note that the same were objected to but though the objections were reflected, these new allegations and statements have been brought on record.
2. (Kindly ignore question if answer to the above is "no illegality in what court did).
But if your answer is that such a thing cannot be done then:- what can I do about it?
During cross examination
As cross examination could not be completed due to shortage of time, Court had to defer it by about 10 days. My query:- in the interim, can I apply for and get certified copies of the depositions already recorded.
Thanks.
ajay sethi
(Expert) 06 October 2012
yes apply for certified copies of depositions already recorded .
In Shingara Singh versus State of Haryana and another:AIR 2004 SC 124 it has been held by the apex court as under:-
"There was no dispute that their deposition in Court was consistent, but what was observed by the trial Court was that their version as to the manner of occurrence as deposed to by them was at variance with what was stated in the First Information Report by P.W. 5, and in the statements of P.Ws. 6 and 7 recorded under S. 161, Cr. P.C. When confronted with their earlier statements, they could not give a satisfactory explanation, with the result that their credibility was sufficiently impeached. The change of version by each one of them, and to the same effect, was deliberate and not merely accidental or on account of lapse of memory. It cannot be disputed that this was a very significant change. It cannot also be disputed that the change was deliberately made by all the witnesses, so that the prosecution case became consistent with the medical evidence on record. We, therefore, do not find any error committed by the trial Court in coming to this conclusion
Rajeev Kumar
(Expert) 06 October 2012
Follow the advise of sethi
Nadeem Qureshi
(Expert) 07 October 2012
nothing left to add by Mr. Sethi
Guest
(Expert) 07 October 2012
Sethi ji has rightly advised you.
V R SHROFF
(Expert) 07 October 2012
Sethi ji has advised you in Detail
Tashi Norbu Basi
(Querist) 10 October 2012
First and foremost, thank you all for taking the time to guide me. It is greatly appreciated.
Sethi ji on reading your answer and perusing the citation, I am given to understand that witness depositions containing new allegations and versions (which are in variance to statements made in the FIR and S 161 Crpc)can be recorded by the Court.
Thank you very much for this advice. But somehow the last part of my query seems to have been overlooked by all. Can I please get some guidance for this also? Thank you.
My query:- Cross examination of complainant could not be completed due to shortage of time. Court had to defer it by about 10 days. I'm sure all will agree that i will be able to better prepare my cross examination if I get a copy of the said witnesses deposition in chief and also the part of cross which has already been recorded.
Thus my query. In the present circumstance, am I permitted to get certified copy of the said complainants deposition which has already been recorded?
Once again, thank you.
V R SHROFF
(Expert) 10 October 2012
u r well advised. . u can get copy
You can copy yourself, while examining the brief, write it down, with ur adv.
