Querist :
Anonymous
(Querist) 18 September 2011
This query is : Resolved
A case is under trial for offences under Sections 419,420,467,468,471 etc of the IPC.A witness appeared in the Court for deposition.His examination in chief was completed.He was subject to cross examination by the defence.During his cross examination on demand from the defence and with the order of the Honble Court,the witness produced as evidence certain documents.Suddenly the witness stopped attending the trial.His deposition under cross examination is still not complete.Now we learn that he is no more and has passed away.Please tell me what will be the value of his deposition and the documents he has produced,as evidence.Will the Honble Judge rely on either of these.
Devajyoti Barman
(Expert) 18 September 2011
His deposition is of no value. Since his evidence was not completer, whatever he has deposed would be expunged from the record.
ajay sethi
(Expert) 18 September 2011
untested evidence is no evidence . if a witness cross examination has not been completed the evidence cannot be relied upon .
Raj Kumar Makkad
(Expert) 18 September 2011
I do agree with both the experts.
Guest
(Expert) 18 September 2011
Without competion of the process of unfinished cross-examination, the evidence cannot be treated as final. That needs be dispensed with.
prabhakar singh
(Expert) 18 September 2011
there is no chief if there is no cross,i go to confirm all.
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