Jitendar Kumar gupta (CEO) 06 December 2009

whims of judges

During cross examination f a witness if the answer comes out in favour of the prosecution then judge are happy to give dictation for the recording os the statement , but if the witness give the answer against the prosecution case then the judge annoyed and again repeat the question till that the answer is not come in positive and in favour of the prosecution. and you must have experienced while doing cros*xamination the judges used to give the dictation of the statement which refelct in favour of the prosecution. Can any body suggest how to overcome such type of situation?.

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4 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 06 December 2009

THAT IS THE TECH OF CROSS EXAM, FIRST WHILE CROSS WE MUST PREPARE ALL POSSIBLE YES/NO AND ACCORDINGLY WE MUST ASK NEXT IF YES AND MAKE Q FOR NO IN CONTRADICTION. JUDGE ALWAYS SEE FOR COROBARIVE/PASITIVE ANSWERS. IT IS OUR DUTY TO BRING INTO DESIRED CONTRADICTION IN PROSECUTION WITNESS. IT IS MOSTLY LOGIC WHILE GAINING EXPERIENCE AND EXPERTISE WE CAN MAKE THINGS TO OUR FOVOUR. TRY AGAIN AND AGAIN....

(Guest)

A judge can apply permitation and combination questions to get the truth to do justice.

Arvind Singh Chauhan (advocate) 06 December 2009

Yes such scene generally seen in court . If court place any remark, we must request to court that the person who is sitting on the chair on the dias is like god, before him both parties are equal. Many HC has stated in judgments that "It is general practice in our country that prosecution implicates innocent people also with real accused".