Evidence Act, 1872, Section 137 -- Cross examination - Cross examination is mandatory in order to accept statement of a witness given in examination-in-chief - Without cross examination, statement of witness tendered in examination-in-chief carries no weight and cannot be accepted at all...........
Evidence Act, 1872, Section 145 -- Cross-examination as to previous statements in writing - There is no absolute bar on cross-examining a witness on his previous statement in writing or reduced into writing in order to contradict him...........
Evidence Act, 1872, Section 145 -- Cross-examination as to previous statements in writing - Previous statement of a witness can be used as substantive evidence - However, such statements can be used to contradict a witness by cross-examining him and by following procedure prescribed by Second part of S.145 of the Act...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - Victim who was 16-17 years old at the time of incident stated that accused came inside the room in absence of her parents and ravished her after tied her mouth with dupatta - Accused threatened her not to disclose about act of accused to anyone..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - If witness resiles from his statement given by him u/s 164 Cr.P.C in trial Court, witness can be cross-examined by person, who calls him and trial Court may permit for putting any question on his earlier statement, which might be put in cross-examination by adverse party in terms of S.154 of Evidence..........
Criminal Procedure Code, 1973, Section 164 -- Statement of PW16 u/s 164 Cr.P.C - Rape and murder of 13 years old girl - PW16 resiled from his statement made u/s 164 Cr.P.C while deposing before Court - Prosecution was permitted to cross-examine him - PW16 stated in his cross-examination that his statement u/s 164 Cr.P.C was given under threat and coercion - Prosecution did..........
Indian Penal Code, 1860, Section 304I, 100, Arms Act, 1959, Section 25, 27, Evidence Act, 1872, Section 105 -- Offence u/s 304-I IPC and Ss.25, 27 of Arms Act - Right of private defence - Plea of self defence never raised in statement u/s 313 Cr.P.C of accused nor same elucidated to PWs during cross-examination on behalf of accused by defence counsel - Even no evidence has..........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim u/s 164 Cr.P.C - Rape case - Statement of victim recorded u/s 164 Cr.P.C as substantive evidence in chief - This is absolutely in contravention of scope of evidentiary value of a statement u/s 164 Cr.P.C and against principles of examination, cross-examination and re-examination of witness under Evidence Act..........
Indian Penal Code, 1860, Section 326A, 504, 506 -- Acid attack on wife by husband - 15% acid burns - Victim admitted that relations between her and her husband/accused were strained - Accused did not permit her to reside with him - Victim had been residing at her parental house and on date of occurrence she was also at her parental house - However, contradictory statement..........
Maharashtra Rent Control Act, 2000, Section 16(1)(g) -- Eviction petition - Application seeking cross-examination of plaintiff - Once amendment was allowed to be brought in written statement Court will have to decide aspect of comparative hardship also - Therefore, Court below ought to have allowed application seeking cross-examination of plaintiff - Since Court has to..........
