Querist :
Anonymous
(Querist) 03 November 2010
This query is : Resolved
Is it necessary it give and prove evidence against the complainant during cross examination whenever he denies any facts or records or keep back some important evidence for use during the argument stage.
OR
Technically will the court allow me to produce evidence against the complainant and accept the same during the arguments
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 November 2010
This is your basic right to demolish the case of complainant.So you can contradict him by cross and also production of contrary evidence.
Arun Kumar Bhagat
(Expert) 03 November 2010
Probably you mean to say about the suggestions put to the witness during cross. Suggestions are denied by the witness and it is recorded as "Not a fact .......". Suggestions are given by the opposite party to put forward his defence case because the defence has to prove its by preponderance of probabilities but the prosecution has to prove its case beyond reasonable doubt in criminal trial. Benefits of doubt are given on the basis of suggestions as well as considering the defence evidence. One can demolish the case of the prosecution by impeaching the creditworthiness of the witness by cross-examination.
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