Senior expired suddenly - cross examination of IO cancelled - remedy
Advocate Vasundhara
(Querist) 14 July 2011
This query is : Resolved
In a criminal case of my client, there are 18 witnesses. Out of these 18 witnesses nobody came to court to give evidence. Even the complainant did not come to court. Only the IO who is the 18th witness, came to court and gave evidence. During chief examination, IO exhibited around 25 documents ie, the statements of witnesses, letters from technical persons, etc. The same were marked as exhibits. As my senior used to represent the case and he suddenly expired, I was present on that day when IO was chief examined. I prayed for some time to prepare for cross examination. But the IO did not accept and the magistrate entered in court record that cross-examination of IO is marked as NIL.
Sir, Is it possible for me cross examine the IO now?
I also want to make objections to the records that he exhibited.
manoj r. dubey
(Expert) 14 July 2011
yes u can make an application u/s. 311 of CR.P.C. for re-examniation of the IO
Advocate Vasundhara
(Querist) 14 July 2011
Thanks Manoj sir for your valuable suggestion. Can I file the application u/s 311 even after closure of evidence?
Ravikant Soni
(Expert) 14 July 2011
Yes your have a remedy as referred by my ld friends. But I think mere exhibiting the documents does not infers with it's proof.
An IO is not a witness to the crime he is mere a witness to show what he collected during the investigation. Alone his statments are not suffice to lead a person towards conviction.
Further advice can be given if you provide that in what sections the case is being tried? What are the charges upon your client.
