Venkata Mohana Rao (Law Student) 09 February 2017
| Originally posted by : Venkata Mohana Rao | ||
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While doing PW1 cross examination in CRPC 125, I showed some photographs and asked the petitioner to identify the persons and date of incident. When I started to show the pics Opposite Lawyer objected stating that a notice should be given to them with exhibits that we are trying to get the admission from the witness. Judge didn't considered Opposite Lawyer objection and said that even a xerox copy also can be shown as exhibit during cross examination as per Evidence Act. I completed the cross examination and marked the exhibits. Iam confused who's right whether Judge or Opposite Lawyer. I think Judge is right. Would like to hear your views on this. |
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Opposite lawyer is correct. They need to be informed beforehand before you do anything of this sort. Anyhow judge acted upon his discretion and overruled, which is also correct. Thats all.
If evidence is used to rebutt the witness statement, they can be introduced at any time. But if it just used to support your case, then they must be first notified. For instance, if witness denies being at a certain place, you can show photographs that she was there and introduce them as evidence. That type of evidence cannot be disclosed to them apriori or else their lie cannot be exposed.
Venkata Mohana Rao (Law Student) 13 February 2017
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