22 May 2020

Defence story has to be suggested in cross examination

Importance of putting defence story in cross examination of witness - No suggestion is given to witness in the cross examination about the story put forwarded by accused  in his statement u/s.313 of Cr.P.C.

Defence story has to be suggested in cross examination
   When the defence did not put any question to the witness in the cross-examination on a material point, it cannot subsequently raise any grievance on such point. When it is intended to suggest that a witness is not speaking the truth on a point, it is absolutely essential to direct his attention to the disputed facts and grant him opportunity to offer his explanation on that point. It is a settled legal proposition that in case the question is not put to the witness in cross-examination who could furnish explanation on a particular issue, the correctness or legality of the said fact/issue could not be raised. [Para No.19]

   If there is a particular fact stated by the prosecution witness in examination-in-chief requires explanation by that witness and the defence failed to ask questions in the cross- examination of such witness on that particular aspect, correctness of such fact cannot be later challenged by the defence, unless correctness or existence of such fact is inherently improbable.[Para No.20]

Kerala High Court

Mushaque Ahammed @ Muthu
The Sub Inspector Of Police

Decided on 21/05/2020

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