Upgrad LLM

wrong statements written during cross examination

Social Worker

Wrong Statements Written During Cross Examination

If the Statements Written by the court during Cross Examination of the Complainant contain some averment which he did not make (He comes to know after taking the certified Copy immediately after the Cross Examination) is there any legal remedy?

Can the complainant place on record this fact?

(This kind of situation occurs because the complainant as a matter of practice did not read the statements while signing)

Or nothing an be done now?

 
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Lawyer

Look beofre you leap. The witness cannot be allowed to change his/her stance/ deposition on the pretext of "the Complainant contain some averment which he did not make " is an after thought and not permissible in evidence

 
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Senior Ship Master

Such mistakes are very common while recording evidence in courts. One has to be very careful, that is OK, but what is the remedy, why a complainant should suffer for someone else's mistake ? Please answer for suitable remedy to escape from such purposely done malpractices.

 
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Advocate

After deposition of witness evidence, the witness is required to sign in the bottom of the deposition and the witness is allowed to read the deposition and point out the errors crept in the deposition which will be rectified immediately otherwise the witness can refuse to sign stating that the said evidence recorded is in contravention to the one adduced in the witness box, if the presiding judicial officer is convinced and satisfied about the relevancy, the same will stand corrected.  But this exercise has to be carried out immediately and not at a later stage, which if is taken up, will lose its credibility considering it to be an after thought idea. 

 
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