Filing application for correction in cross examination
Pankaj Jindal
(Querist) 08 December 2012
This query is : Resolved
In a defamation case, the respondent, who is 75 years old, during his cross examination admitted two things which are factually incorrect and can be proved also. Now he wants to move an application to the court to correct the same. Please guide whether it can be done and if yes, then under which section of the Act.
Devajyoti Barman
(Expert) 08 December 2012
He may be recalled for giving additional evidence.
V R SHROFF
(Expert) 08 December 2012
Recalling the witness is allowed .
Court shd be convinced.
R.K Nanda
(Expert) 08 December 2012
no, he cannot take back his statement stated in his X.
prabhakar singh
(Expert) 08 December 2012
A witness is asked to sign his statement in cross where above a remark is written "सुन कर तसदीक किया "which means that record was read over to witness which he signed to be correct.Then it is difficult to correct the error unless the same is clerical omission in nature such as dropping or adding a "no"in a sentence.
Hence it depends on facts in hand to handle the problem as when facts are otherwise and documentary then weight shall be given to documentary evidence.Similarly if there is some witness who can verify such a fact with greater responsibility then his evidence can be adduced.
An application for such a correction can be moved under section 151 of C.P.C
Raj Kumar Makkad
(Expert) 08 December 2012
Nothing stated in evidence can be taken back, however, if recalled in cross examination, he may strategically move his averment but question is that why the opposing counsel shall re-call such witness? Chief is not going to be held again.
ajay sethi
(Expert) 08 December 2012
agree with Mr prbanhakar singh
