cross examination of witnesses
WHATSAPP 91-8075113965
(Querist) 03 December 2010
This query is : Resolved
sirs.
i would like to know, (in general),what are the general points a criminal lawyer should ask and bring into deposition of witness, regaring :
1) FIS
2) ARREST MEMMO
3) SEIZURE MAHASSER
4) CONFESSION AND 27 RECOVERY
5)SITE PLAN( SCENE MAHASSER)
6)161 STATEMENTS OF EACH WITNESS
7)INVESTIGATION OFFICER
8) CHARGE SUBMITTING OFFICER
just give me a birds eye view only....!
regarding a marked document, generally when the counsel asks any question, judge always says that " that you can argue " !
is it proper ?
what is the evidentary value of a deposition of a clever witness when he says that " he donot remember now " ?
AND SIMILAR OTHER USEFUL TIPS ON THE ART OF CROSS EXAMINAION !
IF POSSIBLE PROVIDE RESPECTIVE CITATIONS ALSO !
thanking you sirs,
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
Suresh Babu Rai
(Expert) 04 December 2010
Salil Bhai, I would like know the same !
When I cross-examining a witness in contesting matter, a fear in my mind that am I doing correct ? pls forward the to sureshbaburai@ymail.com
Arvind Singh Chauhan
(Expert) 04 December 2010
Salil Bhai it is impossible to discuss here. As my experience is, the best way is to watch to seniors while they cross examine a witness in the court.
There are some books also available as "ART OF CROSS EXAMINATION" in market.
Ajay Bansal
(Expert) 04 December 2010
IT DEPENDS UPON FACTS AND CIRCUMTANCES OF EACH CASE THAT WHAT TO ASK IN CROSS-EXAMINATION OF A WITNESS.
Uma parameswaran
(Expert) 04 December 2010
Try to watch cross examination conducted by Advocates in C.Courts.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 December 2010
The basic aim is to find fault in documents and story of the opponent.
You must first plan what answer you want and than only plan your questions.
I have found in majority of cases the people make mistakes in cross and help to prove the opponents case. I have posted various such examples on other threads.
Arun Kumar Bhagat
(Expert) 05 December 2010
Cross examination is an art which is not taught in any school.It is Guru-Sishya parampara. You have to impeach the credibilty of the witness and his trust worthiness. You have to make a cloud of suspicion over the prosecution case by showing the preponderance of probability. Your aim should be to get the accused benefit of doubt rather then to prove the falsehood of prosecution case because in latter case there is every chance of admitting the case and strengthening the prosecution version. A fact admitted in cross-examination has very bad effect on the merit of the case. An experienced surgeon also sometimes do commit mistake on operation table. It is trial and error method.
Guest
(Expert) 05 December 2010
I really appreciate the views given by learned experts... I want add further that Mr Arvind ji and Uma ji opined that watch the seniors while they cross examining witnesses, how far it's beneficial, if any one wnt to learn swimming n he/she only watch the trainer while he/she is swimming... until he/she not dare to jump in the pool he/she never learn that art of swimming similarly merely watch the seniors while they are cross examining witnesses nt give any experience until you nt do this..... So... expereince is more important.... i would like to share some important following issues which i read in a book (i dont remember the name n author)....
The art of cross examination requires the greatest ingenuity; a habit of logical thought; clearness of perception in general; infinite patience and self-control; power to read men’s minds intuitively, to judge of their characters by their faces, to appreciate their motives; ability to act with force and precision; a masterful knowledge of the subject-matter itself; an extreme caution; and, above all, the instinct to discover the weak point in the witness under examination.
WHATSAPP 91-8075113965
(Querist) 12 December 2010
I totally agree with Mr.ajitabh acharya.
watching seniors crossing alone will not be helpful as it is just like trying to learn swimming by standing on the sea-shore.reading the book " art of cross examination ' will also be not of much use as it is just like learning swimming by correspondence course.
thats why i have asked for some " sample " questions on the important 8 aspects of a criminal case, so that i can dare to jump in to the hot waters of cross examination with this " model ' questions , suitably to be fitted to the facts and circumstances of my case.
Sarvesh Kumar Sharma Advocate
(Expert) 26 January 2011
2) ARREST MEMMO-
complince of sec-50,
public witness,
before arest wht precaution used by police.
recovery in pocket.
Sarvesh Kumar Sharma Advocate
(Expert) 26 January 2011
4) CONFESSION AND 27 RECOVERY
-
under police coustody confession will not admissal.
burden of prove goes to the prosicution.
recovery-
wht recovery,
where,
is it publice place,
recovery after arrest.
any other recovery or only the particular thing.
Sarvesh Kumar Sharma Advocate
(Expert) 26 January 2011
5)SITE PLAN( SCENE MAHASSER)
-
when ,
who show the site,
who made unchanged the site between after crime and make site plan,
snapes.
Sarvesh Kumar Sharma Advocate
(Expert) 26 January 2011
just like this there so many questions are there in every point regarding criminal cases.
but the particular similar question is very tipical.
just see fi.r.
see statement,
see site plan,
see witness 161
see every thing in the case
READ MORE THAN 10 TIMES FROM EVERY VIEW.
EVERY TIME U WILL GET SOME NEW QUESTIONS.
and than take the help of the books.
i m also ........................
