LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sridhevi (education)     20 April 2025

Illetrate cross examination

Accused had sold land but supressed land and shown some unrelated land and cheated

PW1 aged at 63years had clearly stated in her chief examination that Police examine me and recorded my statement and she is illiterate. However, during cross-examination, the Advocate for the Accused confused and misled PW1 by showing her some documents without reading them aloud or explaining the contents and  following inaccurate and misleading statement recorded:

"I do not know what are the content of Ex.P1.I am unable to remember whether I mention in Ex.P1 in respect of the accused threatened us dire consequences when I approached the panchayat elders.      I do not know whether I mentioned in Ex.P1 the accused told me that our house plot is located in different place. I unable to say whether the police examine me and recorded my statement after lodging of Ex.P1.Police did not call me and accompanied me, conducted inquiry Infront the house of raj(Accused name)"

 

Query: Do I need to go to appeal or high court to rexross examination of PW1 and do I need to explain the same as part of written arguments



 4 Replies

Dr. J C Vashista (Advocate )     20 April 2025

Can you change, improve, modify, replace or resile examination in-chief or statement made therein the cross-examination of witness ???

No, not at all. 

T. Kalaiselvan, Advocate (Advocate)     20 April 2025

This is part of the trial proceedings and a routine issue.

The cross examination is an art.

A skilled and experienced lawyer can extract the information he desires.

If the witness has deposed evidence then you can't do anything about it except that you can manage the cross examination flaws in the final arguments.

You cannot file an appeal for such things.

Advocate Bhartesh goyal (advocate)     20 April 2025

No ambiguity in cross examination and even permission to re- examination can not be granted.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register