CROSS AND VOL. STMNT
Amit Minocha
(Querist) 02 February 2011
This query is : Resolved
In one of my cases during cross examination, the complainant is giving vol stmnt after every question and stating those facts which were neither in complaint nor his evidence and have come first time out of his mouth as vol. stmnt in cross examination only. The Court is also recording all such stmnts.
What is the relevance of such explanations as VOL when the stated facts were not disclosed either in complaint as well as in evidence both. Is it not beyond pleadings and concealment as well as confrontation of complaint and his stmnt in evidence. Are such stmnts as vol admissible in this way ?
Raj Kumar Makkad
(Expert) 02 February 2011
Amit! Why to worry if complainant is not substantiating his own case?
If complainant is making statements/allegations not present in his complaint then get him confronted and get its benefit at the time of argument. His complaint get unsupported by him and he levels issues not present on file then you are not going to lose anything rather he is supporting your case. So take maximum benefit out of such witness to make your case stronger.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 February 2011
You must confront than and there otherwise deemed acceptance on your part.Arguments will have little help.
