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ashok kumar (Social Worker)     06 July 2015

Questions disallowed in cross examination by the trial court

Questions Disallowed in Cross Examination by the Trial Court

In a criminal Trial certain questions asked by the accused to the complainant are disallowed by the Trial Court.

1. Is it not mandatory for the Presiding Officer to record such questions in the proceedings i.e. let these questions become a part of the trial record and then disallow rather than just disallowing orally with the result that there is no record in the trial proceedings that any such questions were ever put and then so disallowed!

 

Any concrete material or case laws  in the matter??



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 4 Replies

N.K.Assumi (Advocate)     06 July 2015

Sir, in my view the sky is the limit in cross examination, bu the cross examiner can not put  misleading question.

ashok kumar (Social Worker)     06 July 2015

My Query is Is it mandatory for the Presiding Officer to record such questions i.e. the questions which he disallows, in the proceedings i.e. let these questions become a part of the trial record and then disallow rather than just disallowing orally with the result that there is no record in the trial proceedings that any such questions were ever put and then so disallowed!

 

Any concrete material or case laws  in the matter??

N.K.Assumi (Advocate)     06 July 2015

Sir, if the answer to the question is already a part of the evidence on records or recorded by the examination in chief, it is not mandatory to record every part of the question put by the examination in chief saving the time of the court.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 July 2015

My opinion too Mr. N.K. Assumi advocate suggestion is correct.


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