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Ziaul Haque Ansari   25 May 2016 at 23:44

Expunge of evidence

In a criminal trail, a witness appeard before the court and was examined in chief. His cross examination was deferred.
On thr next date fixed for cross examination, it was intimated by the father of the witness that the witness died.
Accordingly the court proceeded with the case and took up other witnesses.

At the time of examinatio of the accused u/s 313 cr.p.c. court put him questions from the examination in chief of the said decesed prosecution witness.

When the defence pleaded, that as defence could not cross examine the said witness, its no evidence and the same may be expunged and excluded.

UNDER WHAT PROVISIONS OF LAW THE SAID EVIDENCE MAY BE EXPUNGED? CITATIONS IF ANY.