Upendra (Lecturer) 21 January 2012

Questioning the witnesses

my wife has filed a 498a case on me,this after a period of two years has come up for hearing .

now for cross examination of witnesses i & my lawyer have noted down arround 85 Questions. but also my lawyer is kind of eazy go type, he seems to be happy to procure a simple acquittal ( ie.. case dismissed because of insufficient evedince).

but I want to fight for a clean acquital (ie. case dismissed because all aligetations are proven false).

further the role of police officers was questionable,though i have enough evedience to project the irregularities commited,my lawyer is sugesting we should not cross examin the police officers.(probably because that might affect the other cases my lawyer is handeling).

i belive we have a strong case for clean acquital.

i want ti find out

1) if i as a accused/respondent can put aditional Questions to the witnesses in addition to my lawyer's questions. if he has missed / omited few questions.

2) dose indian evidence act have any provision wherein respondent can directly question the witness.

A genral tentency of judges is that theay dont give clean acquital but will dismiss the case on grounds of insuffecient evediences even if the accused is able to establish that the complaint was a lie with all due proofs

3)can any one suggest how to proceede the case so that a clean acquital is ensured.

4)is there any provisions like CPC 35A which i can request from the court aginst this false case

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7 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 21 January 2012

can you put two engines in a vehicle or two drivers.

R Trivedi (advocate.dma@gmail.com) 21 January 2012

First of all if you are getting acquitted on any grounds, then please get acquitted !! Secondly an accused self is the best person to defend himself. There is no law to prevent you from asking any lawful question. The best is that hire a lawyer who listens to you. You do not seem to require an experienced lawyer, take the help of fresher and give him the question list.

(Guest)

can't a person defend himself if he/she is a lawyer.

R Trivedi (advocate.dma@gmail.com) 22 January 2012

Yes, he can defend himself, with the permission of court, even if he is not a lawyer. The point is the formality, the art of cross examination. So, even if the accused is very intelligent, he should not attempt these matters, he should hire a good lawyer, who can listen to him and prepare the joint defense.

Manpreet Singh (Advocate) 23 January 2012

There is no provision in Indian Act which can bar you to defend your case, but there are numerous technicalities for which you need the help of a person, i personally suggest you to hire a counsel who listen you and understand you, give him your question who can ask on your behalf. My dear friend evidence is a doubled edged weapon, be careful.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 26 January 2012

I agree, that better get axquittal.

All these things can be used for prosecuting them for malicious prosecution.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Upendra (Lecturer) 28 January 2012

thanks everybody i have put some research

i can put my request under CrPC 287

287. Parties may examine witnesses.- (1) The parties to any proceeding under this Code in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the Commission is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories.

(2) Any such party may appear before such Magistrate, Court or officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.

i shall heed to your advice i shall leave all the questioning of witness to my lawyer

i shall use use this facility aginst the police officers who arrested me.

As my lawyer feels discomfortable in questioning the police officers of his area, as he might need their help in some way for his other cases thus fears it might put all his other cases in bad position if he question's & prove the illegal methords theay used.