No cross examination of complainant.
Gaurav Sahai Saxena
(Querist) 17 January 2015
This query is : Resolved
*By app u/s 156(3) CrPC an order of FIR passed,
*The charge sheet is u/s 494,498(a) IPC & 3/4 D P Act.
*Complainant statement recorded in court but no cross-examination and she died.
please suggest:-
How her statement can be counter and any case law on it.
Devajyoti Barman
(Expert) 17 January 2015
Court hardly gives any reliance on the statement of witness who could not face cross-examination.
It will act as your advantage.
Gaurav Sahai Saxena
(Querist) 17 January 2015
The complainant has not faced cross examination and she is dead now. So her statement is consider as last statemant an as. Evidence. So how to deal this suggest.
Rajendra K Goyal
(Expert) 17 January 2015
Prosecution Witness expired without cross will favor accused.
ajay sethi
(Expert) 17 January 2015
statement of complainant has to be tested in cross. untested evidence is no evidence
K RAVI KANTH
(Expert) 18 January 2015
Hi Gaurav Sahai Saxena.,
When the Complainant has deposed her evidence and she died or not appearing or unable to attend cross examination against her Deposition/Evidence, then the Court shall "ESCHEW" her evidence Mandatory.
Her evidence cannot be taken into consideration and pass judgment basing on that evidence even though she is eye/direct witness or any other circumstantial Witness.
T. Kalaiselvan, Advocate
(Expert) 19 January 2015
Well advised by experts. The deceased complainant's evidence cannot be construed as last statement, do not misinterpret law in your own understanding.
Hemant Agarwal
(Expert) 27 January 2015
1. IF the complaint was filed privately by the Individual party, THEN the court was duty bound to "abate the case", due to death of complainant.
2. Now since the State is the complainant, the State may file "closure report", and abate the case, since prosecution without "cross examination" is infructuous, leading to mis-trial. Cross examination based on complainants original statement in court and/or before the Police, is grossly insufficient to convict or acquit an accused.
Keep Smiling .... Hemant Agarwal
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