Articles: Cross-Examination In Summary Trial
Cross-examination is a very important process in summary trial. The main object of cross-examination is to find the truth and defection of falsehood in human testimony. It is design to destroy or weaken the force of evidence a witness has already given in person or elicit something into your favour which he has not stated to discredit him by showing object of cross-examination from a litigious standpoint.
Whether a prosecution witness once had impeachment proceeding completed against him, ought to be still cross examined by the defence counsel or not ? The matter about the cross-examined has been stated in the section 173 (e) of the Criminal Procedure Code. Section 173 (e) of the CPC stated that :
(e) The accused shall be allowed to cross-examine all the witnesses for the prosecution.
So, we can see that this section makes provision for the accused to cross-examine all witnesses for the prosecution. Okay, that is the basic. Denial of opportunity to the accused to cross-examine the prosecution witness will be an improper exercise of judicial discretion and will amount to miscarriage of justice[1]. It is trite that there is an obligation on the defence during the stage of cross-examination to put all question that are relevant and known to the particular witness, which the accused intends to rely upon his defence to enable the witness a chance to agree or disagree with the defence case.[2] The problem is whether the defence counsel also can still cross-examine the prosecution witness although the impeachment proceeding has been completed against him. Actually in practice, our courts have been very liberal and does not deny or interfere in cross-examination. To the credit, of our courts, notwithstanding, there is no express provision to defer cross-examination. Our courts have permitted the cross examination of any witness to be deferred until any other witnesses to be recalled for further cross examination. If we look at the Evidence Act 1950, section 138 of
Whether a prosecution witness once had impeachment proceeding completed against him, ought to be still cross examined by the defence counsel or not ? The matter about the cross-examined has been stated in the section 173 (e) of the Criminal Procedure Code. Section 173 (e) of the CPC stated that :
(e) The accused shall be allowed to cross-examine all the witnesses for the prosecution.
So, we can see that this section makes provision for the accused to cross-examine all witnesses for the prosecution. Okay, that is the basic. Denial of opportunity to the accused to cross-examine the prosecution witness will be an improper exercise of judicial discretion and will amount to miscarriage of justice[1]. It is trite that there is an obligation on the defence during the stage of cross-examination to put all question that are relevant and known to the particular witness, which the accused intends to rely upon his defence to enable the witness a chance to agree or disagree with the defence case.[2] The problem is whether the defence counsel also can still cross-examine the prosecution witness although the impeachment proceeding has been completed against him. Actually in practice, our courts have been very liberal and does not deny or interfere in cross-examination. To the credit, of our courts, notwithstanding, there is no express provision to defer cross-examination. Our courts have permitted the cross examination of any witness to be deferred until any other witnesses to be recalled for further cross examination. If we look at the Evidence Act 1950, section 138 of