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fighter (Software professional)     19 February 2016

How to submit document on record(court file)during cross

If some body want to submit doument(other than initial stage document) during cross examination.What is the procedure to submit in court file.



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 4 Replies

N.K.Assumi (Advocate)     19 February 2016

Under the IEA cross examinations of witness are of two types. First is by cross and the second by contradictions of his previous statements reduced in writing. If the witness produced by the EIC made a contradictory statements in the witness box, you can cross examine him without showing him his previous statements reduced in writing, and if he contradict it, you can show him his previous statements reduced in writing which he contradicts in the witness box, which will go down on records. 

Sidharth   19 February 2016

Respected Mr Assumi,

Sorry to come between you and quriest.

Can you please explain little more. 

In my case my wife wrote in her complaint ( given to SHO in her own handwriting)  that

" on 10sep2007 in morning at 11:00 my husband told me that he is going out of station for 2 days so I should go to my mother house he will come to take me back but never came  "

In FIR she wrote:

"On 10sep2007 in morning somewhere between 11:00 to 11:30  my husband start beating me with iron rod, so I ran from matrimonial house to save my life. I was bleeding when reached my parental house."

What is the best question to ask her while cross examine.  And to highlight this point in court.

ROHIT SHARMA (Legal Advisor )     19 February 2016

1. The person being cross examined can be shown the original of the docuemnt which needs ti be admitted as exhibit and his expressions to the questions posed as in his cross exaination as in relations to the contents of the relevant facts contained in such secondary evidence and his statemnet in response would be recorded by the court and the relevant docuemnet can then be given to the court for admitting as Exhibit.

 

 

 

ROHIT SHARMA (Legal Advisor )     19 February 2016

1.This is for Sidharth,

2. prolong the cross examination session by putting questions like ;

(a) What does your husbad do for living?

(b) Does he need to leave twon for two days or more for to do his work.

(c) How much are you educated ?

(d) Did you stop him from going out of town for work for two days?

(e) How far is your parental house from your husband's house?
(f) from where did the husband get the iron rod/pipe ?

(g) Did he hit her before saying that he will come and pick her up from her parents after his return from the out of station work?

These are all means to make her puzzeled and confounded and at the end she can be asked as to whether she locked the door of the house before she went to her parent's palce after her husabd had left the hosue ? The answer to this question will reveal that she has given a wring statemnet in her exsmination in chief that contracdicts with what she had written in the compkaint reciorded by the poilce. The police station diary can be caled for examination and evalauation of such contradictory statements.

 

 


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