Urgent- after exam-in-chief witness dies or become incapable, his testimony should be considered

Guest (Querist) 30 November 2011 This query is : Resolved
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Guest (Expert) 30 November 2011
No validity of examination-in-chief without cross-examination of the witness, as examination-in-chief provides only one-sided view of the party on whose behalf the witness is produced.

Devajyoti Barman (Expert) 30 November 2011
Yes since he has not faced croos exmained, his evidence would expunged from the record.

M.Sheik Mohammed Ali (Expert) 30 November 2011
yes, i do agree expert query reply

ajay sethi (Expert) 30 November 2011
untested evidence is no evidence .

Rajeev Kumar (Expert) 30 November 2011
It has no validity in the eye of law because it is one sided and cross examination is not held

venkatesh Rao (Expert) 30 November 2011
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. [Food Inspector v. James N.T., 1998 Cri LJ 3494, 3497 ) If the examination is substantially complete and the witness is prevented by death, sickness or other causes (mentioned in s 33) from finishing his testimony, it ought not to be rejected entirely. But if not so far advanced as to be substantially complete, it must be rejected. Deposition of a witness whose cross-examination became impossible can be treated as evidence and the court should carefully see whether there are indications that by a completed cross-examination the testimony was likely to be seriously shaken or his good faith to be successfully impeached . However the evidence would be inadmissible, if cross-examination was avoided or deliberately prevented.

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