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VENKS (S)     13 February 2010

Cross examination

Hi,

What if the witness says one thing and the Steno types something or deletes the sentence itself.

Because, in the previous cross examination we had asked only 3 questions.  He answered all the three questions.  But when we got the order sheet of that, we were surprised to see that the answere for the first question was missing.  The second and third question was regarding dates.  The witness had given a particular date for both the questions, but the same was not found in the order sheet.

I know these kind of things do happen.  But I have reason to believe that this one happend intentionally and not accidental.

The witness is the investigating officer.  He is a position where if he tells the truth, the defence will become weak and if he lies, his mistake will be exposed.

The main witness' mother also works as a clerk in a similar kind of court.  I have no doubt that the typist, I.O., Public prosecutor and witness' mother all are involved in this act.

We even requested (orally) to the judge for permission to look at the matter typed once the cross examination was over then and there itself.  But the permission was not granted.  Even before the cross examination we had this kind of suspicion.

Is there a way to avoid these things from happening.  I know witness can be recalled, but I am looking for a better solution.

 

Regards,

Thank you



Learning

 5 Replies

Arvind Singh Chauhan (advocate)     14 February 2010

File an application to recall the witness.

SURESHKUMAR.S (ADVOCATE)     14 February 2010

You have a right to verify the depositions immedicately once when the witness examination is over.  If you missed the chance, you are losing a right to complaint against the same.

Anyhow, you may prefer a written complaint against the incident ,the date, the names of the steno, etc to the concerned Magistrate. If you feel the Magistrate is also having a nexus, You may prefer a complaint to the CJM or District Judge ,who are all the immediate superiors for the  concerned staff.

Based on the evidence of the above said complaint papers, you can move for Revision , calling for records from the court and get releif.

Complaints also can be given to the Special Officer, Judicial vigilance , of the Concerned HC against the staff, for her reckless, deliberate act of typing.

 

1 Like

VENKS (S)     15 February 2010

Thank you to Mr. Arvind & Mr. Suresh for the timely reply.  Its a relief to know all the options that exist.

VENKS (S)     15 February 2010

Hello Sureshji

You mentioned the right to verify the depositions immedicately once when the witness examination is over.  Please let me know what is the procedure for the same.

 

Thank you

SURESHKUMAR.S (ADVOCATE)     15 February 2010

As per the Indian Evidence Act you are doing the cross examination. The presiding officer is recording the depositions in presence of you(defence counsel). Hence immediately after recorded the evidence-deposition, you are entitled under law to verify or check it up, whether the depositions are recorded (questions and answeres) are recorded properly  and if you disagree the version of the statement, immeidately you have to bring the same to the knowledge of concerned presiding officer, who has to correct the same in accordance with the interpretation. Most times, we are  not even verifying or checking up the deposition , assuming the bonafides and integrity of the presiding officer.

Without exhausting  the above, when we prefer a complaint against the PRESIDING OFFICER,the superior officer may question you, whether you have verified immediately as stated above.


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