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Question No.7: :   Cross examination - Relevancy of question put to witness  - Not explained by counsel - Whether Court can refuse to put such question to witness or Court can permit to put such question and to decide relevancy of the question at the time when Court appreciates the entire evidence on record.

Answer   :  `B' - Court can permit to put such question and relevancy of the same can be decided at the time when Court appreciates entire evidence.

Evidence Act, 1872, Ss.138, 146 -- Cross-examination of complainant - Relevancy of question - Defence counsel refused to explain relevancy of question with the charge framed against accused - Held, defence counsel permitted to put question and relevancy of same may be testified at the time when Court appreciates the entire evidence on record while determining the guilt or innocence of accused. (Paras 22 & 23)

22. I may clarify while explaining the proposition of law as above that in the present case, questioning the character of the witness is not the issue. However, I have thought fit to touch this issue having regard to the importance of the same. The issue in the present case is very simple whether the question which the defence counsel proposes to put to the complainant has any relevancy with the charge framed against the accused persons. The defence counsel may be having something in his mind and was reluctant to disclose the same in the fear that his defence would be disclosed which would cause prejudice to his client. However, as observed in para 15 that the defence counsel can even undertake to show at a subsequent stage that the question was really relevant.
23. However, without going further into this controversy, I direct the learned 6th Additional Sessions Judge, Khambhaliya to permit the defence counsel to put the question which is in debate and the relevancy of the same may be testified at the time when the Court appreciating the entire evidence on record while determining the guilt or the innocence of the accused persons. ( GUJARAT HIGH COURT, J.B.PARDIWALA, J., Special Criminal Application (Quashing) No.4561 of 2015, D/22.09.2015, Prashant Maheshbhai Pandya Vs State of Gujarat)

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