Suggestions put during cross exmination

Ranganath (Querist) 20 August 2012 This query is : Resolved
Ld Counsels,

Husband alleges that his mobile phone was misused.

In the counter statement of wife it is stated that husband has taken away her mobile phone on a particular date.

But during cross examination of husband if there was suggestion put to husband that he has taken away the mobile phone on a different date than what was stated by wife in the counter will it amount to contradiction of wife.

Thanks in advance.

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V R SHROFF (Expert) 20 August 2012
If his statement is contradictory, the Ans is YES.

Ranganath (Querist) 21 August 2012
Thanks Mr. Shroff, to clarify the question if there is deviation in the satememt of wife in her counter and the question put by her to the husband during cross ex. then will that deviation amount to contradiciton by wife.

V R SHROFF (Expert) 21 August 2012
Suggestions in cross is binding, and at Argument stage, you can point out this contradiction.

Devajyoti Barman (Expert) 21 August 2012
Repeated query............

R.K Nanda (Expert) 21 August 2012
Repeated query.

Guest (Expert) 21 August 2012
Mr. Ranganath,

Of course, if the wife states something in her statement and subsequently sates something different than that of her original statement during cross-examination, her statement can be treated as contradictory. Husband can take that contradiction to his advantage in the case.

JANAK RAJ VATSA (Expert) 21 August 2012
in the present narrative, it is a clear case of contradiction by the wife which may be exploited by the husband

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