Prosecution witness has given his statement in trial court. Lawyer has cross-examined him once. Can that witness be again cross-examined in court by making a demand before judge?
Rajinder Kumar (ऐसा) 25 May 2013
Prosecution witness has given his statement in trial court. Lawyer has cross-examined him once. Can that witness be again cross-examined in court by making a demand before judge?
adv. rajeev ( rajoo ) (practicing advocate) 25 May 2013
Yes he can be recalled for further cross examination.
RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 25 May 2013
Dear Rajinder,
Yes you can all the witness again by filing application under section 311 Cr.P.C for further cross examination but you have to specify on what grounds you are again calling witness again for cross - examination
Rajiv Bhasin
Bhasin & Associates
bhasin.laws@yahoo.com
9811210505
MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com) 25 May 2013
Unless there is reasonable ground than only application u/s 311 CRPC can be allowed and your cross has to be restricted for specific purpose only.
You can not be allowed to call the witness again to correct your lapese otherwise the trial will be endless.