Evidence not cross examined

x (Querist) 29 August 2012 This query is : Resolved
If defendant makes a statement A that is not raised in the cross examination by the Plaintiff's attorney. Does that mean that statement A will stand as it has not been rebutted?

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Adv.R.P.Chugh (Expert) 29 August 2012
Just because cross examination is not done on a point does not mean that the particular point is taken as proved. The judge would still appreciate the entire evidence on the parameters of reliability/credibility.

adv. rajeev ( rajoo ) (Expert) 29 August 2012
Entire evidence will be considered, but not particular fact which is not denied.

Guest (Expert) 29 August 2012
Your question is not complete without proper background. It all depends upon whether the case of the prosecution is closed or yet open. Has the prosecution already closed its case?

Sudhir Kumar, Advocate (Expert) 29 August 2012
What is full background

R.K Nanda (Expert) 29 August 2012
No, it does not mean that statement A will

stand.

x (Querist) 30 August 2012
The stage of the case is that the defendant's evidence is now closed and the case is at the argument stage. The Plaintiff is asking Specific Relief and he has produced only a photocopy of supposedly AGS. The Defendant has always contended that the AGS was a forgery. The Plaintiff during the Cross Examination of the Defendant never asked about the AGS at all or whether Defendant signed the AGS. I wonder if not asking question about in cross examination will have any bearing.

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