H.K.S. Chhaba (Advocate) 15 May 2014

Cross examination

Evidence in Question and answer form was held in a case

Question was asked from a witness but inspite of Answering he with intent to fill lacuna of what he has left to state in his document (previous statement) gave a full explanation (which was not asked)

example

Q. See it is not written on panchnama that you taken milk after stiring it and after making it homogenious?

Ans (By Witness) On dated ..... I went to ............. place. I saw him selling milk...... as per rules I made it homogenious and I made accused to stire milk for me.

Now since witness has not written stiring of milk on panchnama he inspite of giving my answer he explained whole fact though it was not asked and neither it was written on panchnama not it was there on examination in chief

Now my question is since my question remained unanswered what is validity of answer given by witness.

Reply Follow

7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 16 May 2014

cross examination is depend on the facts and circumstances...

Sidharth Arora (EXPERT/ADVOCATE ) 16 May 2014

The mistake is on the part of the counsel cross examining....xxx exam should not give opportunity to the witness to explain...it's an art. The golden rule is---During direct examination the witness testifies ....during xxxx exam YOU are testifying.....

SIDHARTH AURORA

advosidharthaurora@gmail.com

H.K.S. Chhaba (Advocate) 17 May 2014

Question still remains the same. Can a witness Fill in gaps in cross*xamination instead of not giving answers to question. Can Cross Examination be used to fill lacuna left in Examination in Chief.

An Advocate Asked a simple question from witness. Witness determined to fill lacuna of examination in chief instead of answering your question explain a fact (which was not asked).

Question by Advocate : - Is this is right that You dont know accuse present in court?

Ans by Witness : - On date 09/09/2009 I was there on the spot I saw this person firing shot on two person. He was have ------ relvover. The persons shot were innocet and After firing shot he flee away from that place.

Now instead of commenting what lawyer should have asked. Question is :- Can a witness Fill in gaps in cross*xamination instead of not giving answers to question. Can Cross Examination be used to fill lacuna left in Examination in Chief.

Sidharth Arora (EXPERT/ADVOCATE ) 17 May 2014

Mr.Chaba.....you are mixing up the two.Let me elaborate . there is a bar u/s.145 IEA r/w S.162 wherein with regards omissions and contradiction made in the statements made to the police during xxx exam.There is however no bar to the witness explaining his version even if it is to the peril of the accused.during xxx exam even when it is not a part of the direct exam...This is the art where a counsel should protect his case.

SIDHARTH AURORA

advosidharthaurora@gmail.com

Supreme Court of India

Tahsildar Singh And Another vs The State Of Uttar Pradesh

you may go through the above judgement in this regard

manish jeswani (lawyer) 17 May 2014

Agree with siddarth.

Cross examination is art. It is more necessary what not to ask to a witness because there are chances that witness will try to tender explanation. At the same time the cross examiner must be firm enough and should not allow the explanation to be brought on record.