498a & 406
Mustafa Bhat
(Querist) 04 March 2014
This query is : Resolved
Yesterday I had a hearing for 498A & 406 case,another PW was examined.
Now other 5 PW are still to be cross examined although some of them are my friends.The Counsel of my ex-wife said that the other PWs which are going to come are friends of the accused.
The Judge said you will also cross examine them donot worry.
My query is? if they are PW it is Prosecuting officer to exam them & my Counsel.Can the counsel of the compliant exam the PWs???
Please advise & if not plz give some judgement or citation if any.
Mustafa Bhat
(Querist) 05 March 2014
That means he can cross examine them.
Nadeem Qureshi
(Expert) 05 March 2014
cross examination can be conduct by opposite counsel but if the witness is hostile then the counsel of that side whose witness is, has right to cross him or her
for detail read Indian Evidence Act
Rajendra K Goyal
(Expert) 05 March 2014
Counsel of opposite party / opposite party can cross examine the witness. Agree in case the witness is declared hostile complainant counsel / prosecution counsel can cross the witness.
T. Kalaiselvan, Advocate
(Expert) 05 March 2014
This is a case to be prosecuted by state, so the Asst or Public prosecutor will be prosecuting the case, what is the complainant counsel going to do anything in this. Even if he is permitted to assist prosecution, he cannot conduct trial, he can only assist prosecution on the facts of the case during trial. Therefore it is the Govt employed public prosecutor who can examine the witness in chief.
Biswanath Roy
(Expert) 05 March 2014
Yes , prosecution will get a chance to re-examine PW-1 during the course of cross examination.
Sudhir Kumar, Advocate
(Expert) 05 March 2014
