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> Quick Recall> General> Subject Study on Examination of Witness

Subject Study on Examination of Witness

Judgments related to Cross-examination including contradiction is being listed.
section1 November 3, 2024
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cross-examination

Subject Study

  • Section 319 Cr.P.C: Trial court can decide whether an application under section 319 Cr.P.C should be decided with or without waiting for cross-examination
  • Defer petition: If the defer petition was allowed then the cross-examination shall be conducted on the same day or the following day
  • Section 313 Cr.P.C: Rape case: The stand taken by the accused that they have paid money for sexual intercourse was not put in the cross-examination of victim
  • Contradictions & Omissions: What are contradictions and omissions and how to cross (contradict) the witnesses with their previous statement has been explained
  • Hostile & won over: Since there is a long gap between the Chief and cross-examination it appears that the witnesses were won over and confirmed the conviction
  • Murder case: Conviction: Nothing elicited in cross-examination regarding the presence of the eye-witnesses
  • Case diary: Section 172(3) Cr.P.C: The accused has a right to cross-examine police officer as per section 145 Evidence Act whenever the police officer uses it to refresh his memory
  • POCSO: Since section 29 of the Act necessitates the accused to rebut the case it is just to recall the witness for cross examination
  • Cross-Examination: Disallowing questions in cross-examination will prejudice the accused
  • Lectures on cross-examination

Further Study

Dying Declaration: Omission to state dying declaration in s.161 crpc statement will affect the case

Article: Whether the Public Prosecutor can contradict his own witness (partly)?

Trial court shall not insist the defence counsel to put particular question in particular manner

Appeal against acquittal: Appellate court would not scrutinize evidence once again unless there has been a total miscarriage of justice

Hostile witness contradiction: Public Prosecutor has to confront relevant portions to the witness and contradict as required by section 145 IEA

TAGGED:contradictioncross-examinationomissionsubject study cross
Previous Article Remission-Procedure-Set-out Remission Procedure Set out: Section 432 Cr.P.C: Registration of a cognizable offence against the convict, per se, is not a ground to cancel the remission further Hon’le Supreme Court sets the standards for granting and cancelling remission
Next Article PMLA closure report Closure report & PMLA: Closure report filed in predicate offence deserves to be challenged to continue proceedings under PMLA hence though the ED is neither aggrieved person nor victim it may approach the High Court as ED is connected to the issue
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ஓர்ந்துகண் ணோடாது இறைபுரிந்து யார்மாட்டும் தேர்ந்துசெய் வஃதே முறை [541].

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