LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

VENKS (S)     02 February 2010

Cross examination

Hi,

We got the order sheet of one of the witness who was cross examined a week earlier.  When we got the order sheet, we were surpriesed to see that there were two important typographical errors, both pertaining to dates (dd/mm/yyyy).  I know that these type of errors are common, but I have reasons to believe that this particular incident happened deliberately.  And also the witness's mother works as a clerk in a similar kind of court.   Our lawyer told us that he will bring this to the Judge's notice in the next hearing.

Is there a way by which these things can be avoided completely.

Can our lawyer ask the Judge's permission  to  look into the content immediately after typing.

Can we record (audio) the cross examination just for our reference sake? (with or without permission of the Judge)

What other options the accused have in this regard, in case if it gets repeated.

Thanks a lot.



Learning

 6 Replies

venkatadurgaprasad marni (advocate)     02 February 2010

one shall careful before signing the depositiion, he shall read it.  As a matter of fact if deponent is illeterate the judge shall read voer the contnets of deposition of wittnes. But the work burden no judge do that duty.  so every deponent shall read carefully before signing the deposition. it is the only remedy to avoid these types of problem.

Arvind Singh Chauhan (advocate)     02 February 2010

Though it is minor o the part of writer of statement, but blunder on the part of witness and advocate. Such witness may be recalled and may clarify the mistake.

niranjan (civil practice)     02 February 2010

Usually in court,after the deposition is over,it is written that it was read ovoer to the witness,but it practice it is not done so,nor signature of the witness is taken.in the present case an application is required tobe given to recall the witness for specific purpose.i agree with Mr. Arvind.

VENKS (S)     02 February 2010

Hi Venkat,

Sorry, I forgot to mention that I am the accused.  I am fighting a false dowry case.

Thank you

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 February 2010

Your status is not relevant to reply your quarry. Logically such errors can be corrected on recalling the witness again in the witness box by either party.

VENKS (S)     12 February 2010

Hello Raj kumarji,

The witness who was the investigating officer was asked just 3 questions.  When we (Accused) got the order sheet.  One question asked to the I.O was missing.  The remaining two questions were regarding dates, both of which were typed wrong.

The problem for him is that if he lies, he will be in trouble and if he tells the truth, the defence will become weak.

It could be accidental or intentional.  But what precaution can we take if it had  happened happened intentionally.  Since recalling of the witness in time consuming and we want to finish the case as soon as possible.

Thank you


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading