Cross examination
Jeevesh
(Querist) 01 May 2013
This query is : Resolved
Ld. Experts,
A peculiar problem is before me in an criminal case dealt by me. In the case i represent the prosecution. Defense has moved an application u/s 91 Cr.P.C for production of certain record from sales tax department. That application has been allowed and the concerned person from the sales tax department has also brought the asked record. Now the defense counsel wants to examine the concerned person on oath and wants to get the asked record exhibited.
My query is whether i can cross examine the concerned person from sales tax office in view of the restriction placed by S.139 Evidence Act wherein it has been said that a person merely producing the document is not a witness and is not subject to cross examination. My counter argument would be that the concerned person is not only producing documents but is also exhibiting them on oath and he therefore becomes a witness and therefore would be subject to cross examination.
Please comment on the tenability of my argument?
Adv k . mahesh
(Expert) 01 May 2013
if you can prove that he is witness to the documents then court will give permission
prabhakar singh
(Expert) 01 May 2013
In my view you should oppose his chief examination which he is not supposed to give
if document is public and it's certified copies can be issued.
Then if court even allows his chief proceed to cross,court would be wrong if it does not allow you to cross.
R.K Nanda
(Expert) 01 May 2013
no more to add.
Raj Kumar Makkad
(Expert) 02 May 2013
This is not a peculiar situation. If the defence counsel examines the witness, you immediately get right to cross-examine.
