Pinky 13 January 2024
T. Kalaiselvan, Advocate (Advocate) 13 January 2024
Affidavit filed for examination in chief has to be signed by the witness before deposition.
Pinky 13 January 2024
T. Kalaiselvan, Advocate (Advocate) 13 January 2024
In criminal cases the complainant need not file an affidavit, the assistant public prosecutor will take chief examination and after that the advocate of the accused would cross examine the complainant.
Pinky 13 January 2024
T. Kalaiselvan, Advocate (Advocate) 13 January 2024
The complainant will be the person who will be deposing evidence in chief as well as cross examination as a witness.
Therefore on completion of chief examination and that of the cross examination, the witness has to sign the evidence deposition paper without fail otherwise it will not be held as legally valid.
Advocate Bhartesh goyal (advocate) 14 January 2024
Although chief and cross examination should be signed by witness but if due to any reason not signed or remained unsigned, will not invalid and such evidence will deemed legal and valid.
Padmaja Aramandla 14 January 2024
Pinky 14 January 2024
T. Kalaiselvan, Advocate (Advocate) 17 January 2024
The examinations either chief or cross has to signed by the witness immediately after stepping down from the witness box.
Thus if there was any objection to the recordings, it should have been brought to the notice of court at that moment itself.
The objection expressed now will not be entertained by court at this stage.
You may have to file a petition for reopening the evidence and cross examine once again by filing an affidavit with some substantial reason relied upon.