Whether prosecution has the right to cross examine the accused if he chooses to file the written sta
Raj
(Querist) 22 March 2015
This query is : Resolved
Whether prosecution has the right to cross examine the accused if he chooses to file the written statement u/s 243 crpc before the Ld JMIC
Sir,
In 498-A case, The prosecution evidences has been completed and we donot want to lead the evidences but to file the written statement as per 243 Crpc. Since accused is not bound to say anything on oath whether prosecution reserves the right to cross examine the accused if we donot lead any defence witnesses but chose to file the written statement with documents to prove our innocence?
Devajyoti Barman
(Expert) 22 March 2015
The prosecution is not entitled to cross examine the accused only because he files any written statement.
T. Kalaiselvan, Advocate
(Expert) 25 March 2015
Even I am of the same opinion to that of expert Mr. Devajyoti Barman.
as per the provision of the referred section, if the accused puts in any written statement, the Magistrate will file it with record.
V R SHROFF
(Expert) 25 March 2015
MAGISTRATE WILL RECORD IT..
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 March 2015
When things were so simple to contradict the case by deft cross instead you want to choose a hard task of putting your story.
Any such statement may be taken on record but without cross has no legal value.
And greater tragedy will be that you will un wittingly give admissions in such statements which will help your opponents case more not yours.
