Cross exam -can it be challenged?

Guest (Querist) 21 September 2011 This query is : Resolved
Not satisfied with cross exam in S125 case .The defendant lawyer has translated the answers given by witness and disfigured some of the facts.What can be done?The judge herself was attending to other case at the same time and prosecution lawyer also did not take notice of the same.

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Guest (Expert) 21 September 2011
it is the duty of the presecution lawyer to attend the case effectively. at the stage you can only do for the recall of the witness if the material thing has been left.

jitender pawaria (Expert) 21 September 2011
i agree with Sachdev

Shonee Kapoor (Expert) 21 September 2011
Also please understand that you need very good points to recall the witness, and the witness may refuse, the lawyer may object to answer any questions/ points raised previously.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Koumarish Bhattacharya (Expert) 21 September 2011
This is unbelievable! The Judge was attending another case while the witness was adducing its evidence!

ajay sethi (Expert) 21 September 2011
how is it possible that judge was attending some other case while evidence was being recorded. ?

generally when questions are asked the answers are recorded by the judge and dictated to the steno .

the typed copies areof evidence recorded is given to both the counsels . if there are any mistakes they can be rectified .

your contention that defendant lawyer has translated answers give by witness is difficult to digest . had that been the case immediate objectuion should have been taken

Guest (Expert) 21 September 2011
If the prosecution lawyer was careless, was the plaintiff also careless not to find any difference in disfigurement of the facts narrated by the witness. He could well have hinted to the prosecution lawyer or himself would have objected on the spot.

Chanchal Nag Chowdhury (Expert) 22 September 2011
In my 28 years of practice, I have never heard, let alone seen, that a)the lawyer is delegated the power of translation & b)a judge takes up another case while xx-exam. is going on in one case.

Guest (Querist) 23 September 2011
Thanks gentle men!

In district court like Tis Hazari ,I think it is a common practice that defendant lawyer translates the cross exam statements by the plaintiff.

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