Cross examination of witnesses
gopal dutt vyas
(Querist) 04 February 2012
This query is : Resolved
a witness died after examination in chief and therefore could be cross examined. can his evidence be a basis for conviction ?
VENKATESH HEGDE
(Expert) 04 February 2012
The evidence of a witness who could not be subjected to cross-examination due to his death before he could be cross-examined, is admissible in evidence, though the evidentiary value will depend upon the facts and circumstances of case.However, weight or probative value attached to such evidence would depend upon facts and circumstances of each case. Whether such evidence should be taken or not would depend upon the fact as to how far and to what extent the deposition has been made; Whether the witness has spoken about the relevant facts and the stage of examination in chief is also relevant.
Deepak Nair
(Expert) 04 February 2012
No. The witness has to be cross examined to prove his depositions. Only examination in chief is not enough for conviction.
prabhakar singh
(Expert) 04 February 2012
subject to provisions of section 32 of the Evidence Act,it may not be treated as evidence.
Raj Kumar Makkad
(Expert) 04 February 2012
His evidence shall not be taken into consideration.
