Is it possible for prime witness to give primary evidence after cross-examination
Advocate Vasundhara
(Querist) 08 July 2011
This query is : Resolved
Sir/Madam,
I just finished Law in 2010 and practising for last 3 months. In a case of mine, the prime witnesses (the complainants) and punch witnesses never came to court
http://www.lawyersclubindia.com/experts/Witnesses-not-turned-up-discharge-petition--207611.asp
Now the case is at cross examination stage. At this stage, is it possible for the prime witnesses or the punch witnesses to come to court and give their primary evidence?
PALNITKAR V.V.
(Expert) 08 July 2011
The witnesses may come to the court at any time before closure of the case. But once the case is closed and judgment is pronounced, the case can not be reopened by the trial court. The victim will have to approach higher court for reopening of the case. so wait and watch!
Ajay Bansal
(Expert) 08 July 2011
Please tell of which witnesses the case is at cross-examination's stage.
Ravikant Soni
(Expert) 08 July 2011
"is it possible for the prime witnesses or the punch witnesses to come to court and give their primary evidence?"
What do you want here to ask??
And what to you want to refer here with words "prime witnesses" & "their primary evidence"??
your query is not meaning abt your curiocity!!!
Dr V. Nageswara Rao
(Expert) 09 July 2011
1. If by 'prime evidence' you mean exam in chief, a witness can be re-axamined after cross exam.
2.Under S. 165 of Evidence Act and also under CrPC and CPC, the Court can call or recall any witness as 'court witness'at any time but before the judgment.
3. The case as such cannot be at cross examination stage.It is a particular witness only.
