A party cannot be allowed to impeach a witness on the cross-examination by calling out evidence culpatory of himself and there stop, leaving the opposing party without opportunity to have the witness explain his conduct, andthus place it in an unobjectionable light if he can. In Horilal v. State of U.P., 1970 [2] SCJ 223, it was held that where a witness died after his evidence was recorded by the committing Magistrate and his deposition was admitted at the. One is to say that the probative value of the evidence already given by the witness is affected by the fact that he or she could not be cross-examined. The Court has to therefore, adopt a cautious approach, either way. had. Jeep driver who was present on spot, testimony He submitted that learned Courts below despite raising specific contention on aforesaid points, have not answered the same warranting interference of this Court. It would follow that, if the probative value is not affected, the evidence may Failure to examine and cross-examine effectively may not only bar a party from later seeking to draw inferences from facts not attested to or disputing the truth of a witness’s evidence, but also impair the ability of the trier of fact to draw the most reasonable inferences.” The plaintiff's witness statement did not have to be taken at face value at trial and the court considered that the defendants were adequately protected by their right to cross-examine the plaintiff. cross-examined has testified about. Tilak Marg Forum for Legal Questions › Forums › Criminal Law › Witness examined but not cross-examined and dies – value of his evidence. Now, what is the evidentiary value of his incomplete testimony in court? Examination of a witness is considered to be incomplete if he has not been cross-examined. Much earlier, in Maharaja of Kolhapur V. Sundaram Ayyar, AIR 1925 Mad 497 the Madras High Court held that: "I do not think that the evidence can be rejected as inadmissible, though it is clear that evidence untested by cross-examination on a question like the present can have little value. Founder and Editor: Dr. Ashok Dhamija, Advocate, Supreme Court, New Delhi. But he is not coming again for cross examination by accused lawyer. The statement of the P.W.6 deposed to by the P.W.10 may not have any evidentiary value stricto sensu but the fact that such a statement was made by one of the witnesses is well proved. Your access and use of this website is subject to its Terms of Use. 391 = 34 L.J.Ch. Tilak Marg Forum for Legal Questions › Forums › Criminal Law › Witness examined but not cross-examined and dies – value of his evidence Tagged: Evidence This Question has 1 reply, 2 voices, and was last updated 3 years, 4 months ago by Dr. Ashok Dhamija . Any reference to any advocate on this website does not constitute a referral or endorsement, nor does it constitute an advertisement. It all depends on the facts and circumstances of each case. IV. 28.100 Cross-examination is a feature of the adversarial process and is designed, among other things, to allow the defence to confront and undermine the prosecution’s case by exposing deficiencies in a witness’ testimony, including the complainant’s testimony. Prosecution witness not cross-examined by accused - His evidence deemed to be accepted. Law of Evidence and Legal Ethics is the third and important paper of the LL.B Part 3. Being not recorded on oath, neither do such statements are the product of cross examination in a court of law making an FIR not a substantial piece of evidence. 17. Bugliosi seems to argue that the gospels, since they fail to meet the standard for criminal cases, shouldn’t be considered for their evidential value when examining the Christian … Whether revision is maintainable if FIR is registered on basis of order passed by Magistrate U/S 156 of CRPC? One is to say that the probative value of the evidence already given by the witness is affected by the fact that he or she could not be cross-examined. complained to FSSAI no response what is the remedy. On cross-examination, the attorney might try to question the witness's ability to identify or recollect or try to impeach the witness or the evidence. L.Rs. What can be done and what cannot be in a cross-examination? (6a, 7a) Sec. However, if it is shown that the witness, after deposing in examination in chief, could not present himself or herself for cross examination, the Court has to probe further the reasons for absence of such a witness. The fact that the witness was declared hostile at the instance of the Public Prosecutor and he was allowed to cross-examine the witness furnishes no justification for rejecting en bloc the evidence of the witness. The cross-examination being closed, the duty or re-examination develops upon the counsel on the other side. FIR: at a glance from the view point of Indian Evidence Act, 1872. Occasionally, you may wish to forego cross-examination entirely. Whether defendant can apply for injunction against plaintiff under Order 39 of CPC. The other is simply to rule it inadmissible. In R v GAC, it was argued that leave should not be given to cross-examine the witness on the ground that it was unfairly prejudicial to the accused to allow the witness’ prior statement into evidence, because his professed lack of memory meant that the defence could not cross-examine him on his earlier version of events given to the police. [1975-Pcrlj-644] Kala Vs. vs. State of Maharashtra. No call details record of complainant in the FIR/ charge sheet. FIR is not an evidence of the facts that is mentioned in it. Therefore, if a witness dies after completion of his examination-in-chief, but before he could be cross-examined, his evidence remains incomplete. Examination of a witness is considered to be incomplete if he has not been cross-examined. What will be the value of his evidence? 02 July 2011 By non cross examine the witness, it is impossiable to hold or to draw an inference that defence side is not-disputing his/her version.There can be several reasons for non-cross-examination. The examination-in-chief of the plaintiff's witness PW-3 Beem Sen was filed on an affidavit dated 26.3.2017. Thus, the law insists that to accept the testimony of every witness who deposes in court, she (or he) should be cross examined. The rule will apply where a witness is not a party to the suit and would not apply when a party to the suit is examining himself as a witness. How to prove execution of Notarized document? Cross-examination of factual witnesses should be focused on the key points in dispute and factual evidence within the knowledge of the witness. L.Rs. What are the rules for a contract witness? Of use based Supreme Court, New Delhi based Supreme Court and HC... Purpose Revised 7-1-07 the hearing is directed to receiving factual evidence related to issues in the community of his,. Examine a evidentiary value of witness not cross examined be incomplete if he has not been cross-examined is registered on of. Could be cross-examined, was in questioned FIR is not an evidence of hostile witness regarding commission of offence admissible. Constitute an advertisement my home place him if he digresses from his statement an affidavit dated.! Of CPC be in a cross-examination ) 46 L.J.Ch great weight that he himself and attestor document... It can not be conducted, adopt a cautious approach, either way could not be treated substantive. 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