AI Overview...
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Partly Cross-Examined Witness - When a witness has only been partly cross-examined and is not re-examined further, their testimony generally cannot be fully relied upon for evidentiary value ORIENTAL INSURANCE CO. LTD. VS ANIL YADAV - Delhi, Ramamani Pradhan VS Premalata Pradhan - Orissa, CH. RAMAKOTESHWARA RAO VS STATE OF A. P. - Andhra Pradesh.
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Evidentiary Value of Witnesses - The credibility of witnesses, especially those examined partially or whose cross-examination was deferred, is often considered limited or invalid if not completed properly or if the witness is unavailable later ORIENTAL INSURANCE CO. LTD. VS ANIL YADAV - Delhi, Ramamani Pradhan VS Premalata Pradhan - Orissa, Bachatar Singh VS State of Orissa - Crimes.
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Cross-Examination as a Test of Truth - Cross-examination serves as an acid test to assess the truthfulness and reliability of a witness's testimony; incomplete cross-examination can undermine the evidentiary weight of the testimony Michael J Brito VS John Emanuel Lawerence Brito Since Dead by LR Gracy Brito - Karnataka, State of A. P. VS Ramancha Laxma Reddy - Crimes.
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Child Witnesses - Due caution must be exercised in accepting child witnesses' testimonies due to their susceptibility to tutoring; their entire evidence must be considered carefully, especially if they are not fully cross-examined State of A. P. VS Ramancha Laxma Reddy - Crimes.
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Witness Availability and Cross-Examination Timing - The opportunity to cross-examine witnesses on the same day as their examination is crucial; failure to do so can diminish the evidentiary value and may lead to their testimony being disregarded if they are unavailable later State of A. P. represented Public Prosecutor, High Court of A. P VS Ramancha Laxma Reddy - Andhra Pradesh, Bachatar Singh VS State of Orissa - Crimes.
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Recency and Recalling Witnesses - Recalling witnesses for further cross-examination is a power that should not be exercised lightly; unnecessary adjournments or re-examinations without proper justification can weaken the evidentiary value of their testimony CH. RAMAKOTESHWARA RAO VS STATE OF A. P. - Andhra Pradesh.
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Overall Conclusion - The evidentiary value of partly cross-examined witnesses is generally limited, especially if they are not re-examined, are unavailable later, or if their cross-examination was incomplete. Proper and timely cross-examination is essential to establish the credibility and truthfulness of witnesses, thereby strengthening their evidentiary contribution ORIENTAL INSURANCE CO. LTD. VS ANIL YADAV - Delhi, Ramamani Pradhan VS Premalata Pradhan - Orissa, Michael J Brito VS John Emanuel Lawerence Brito Since Dead by LR Gracy Brito - Karnataka.
Search Results for "Evidentiary Value of Partly Cross Examined Witness"
2016 0 Supreme(Del) 991 • India - Delhi
R.K.GAUBA
Another piece of evidence relied upon by respondent no.3 to contend that no accident took place is the report of their own investigator Ex.R3W5/1 but since the witness was never tendered for further cross examination after he was partly cross examined, his testimony cannot be looked into. ... PW6, the doctor at Behror who examined the petitioner immediately after the accident categorically deposed that petitioner was not in a drunken state. Evidentiary value....
2007 0 Supreme(Pat) 924 • India - Patna
GHANSHYAM PRASAD
It further appears that on 28.3.2003 one witness was examined and partly cross examined. Even thereafter some witnesses were also produced by the prosecution but due to absence of case diary no examination was done. ... The order dated 11.3.2003 would go to show that the Presiding Officer directed the A.P.P. to produce the witnesses with observation that evidentiary value of the witnesses shall be considered at the time of judgment. ... However, till date not a single....
• India - Crimes
A.GOPAL REDDY, K.C.BHANU
child witness is to be accepted after greatest caution and circumspection—Child witness is most susceptible to tutoring. ... elicited to connect accused with crime—Appeal against acquittal—Entire evidence is to be taken into consideration for deciding evidentiary ... (Paras 10 and 14) ... (iii) Criminal Trial—Child witness—Testimony of ... When a witness is present and he was examined in chief, he should be cross-examined on the same day unless recor....
2010 0 Supreme(AP) 761 • India - Andhra Pradesh
A.GOPAL REDDY, K.C.BHANU
occurrence - In view of fact that P.Ws.2 and 3 who are the eye witnesses to the incident turned hostile to the prosecution and they were cross-examined ... When a witness is present and he was examined in chief, he should be cross-examined on the same day unless recording substantial reasons for adjourning the case to future date for cross-examination of the witness who is partly examined. ... Counsel appearing for....
2017 0 Supreme(Ori) 347 • India - Orissa
D.DASH
be so taken to be of no evidentiary value. ... EVIDENCE ACT, 1872 - Sec. 138 - Provision confers the valuable right upon the party to cross-examine a witness examined by the opp ... and is deferred to a later date on the request of the party so cross-examining, then that party on whose behalf witness was examined ... for its evidentiary value t....
2002 0 Supreme(Cal) 608 • India - Calcutta
PRABIR KUMAR SAMANTA
is to determine the truthfulness and evidentiary value of the report, not just to disprove it. ... Such examination is not for the purpose of proving the same only to be not of any evidentiary value. 3. ... The plaintiff/opposite party objected to the report and examined the Pleader Commissioner, prompting the defendant to seek permission ... The purpose of such examination, in true sense is to find out how truthful is the report and what degree of evidentiary #HL_STA....
2019 0 Supreme(Mad) 1109 • India - Madras
N.ANAND VENKATESH
four witnesses including de facto complainant, who was examined as PW-1 - None of these witnesses were cross examined and their ... and same cannot be eschewed subject to its probative value - Petitioner must be given an opportunity to cross examine PW-2 to PW ... examine all other witnesses on same day when they are examined in chief and no unnecessary adjournments should be granted in this ... ... (c) The evidence of a witness wh....
2010 0 Supreme(Kar) 214 • India - Karnataka
K.BHAKTHAVATSALA
(3) to show that the witness is unworthy of belief by impeaching the credit of the said witness. ... Cross-examination is an acid test of the truthfulness of the statements made by a witness on oath in examination-in-chief.
• India - Crimes
P.K.MOHANTY
- Uncrossed testimony of witness shall not be read against accused if witness is found not available. ... had not been one effectively & defence might be prejudiced - Summons to witness returned with report that he was not available on ... given address & his where about were not known - Order directing defence counsel to furnish correct address of witness - Subsequent ... The defence has a right to cross-examine the witness examined by the prosecuti....
2009 0 Supreme(AP) 807 • India - Andhra Pradesh
B.CHANDRA KUMAR
is tendered for cross-examination - Power to recall a witness cannot be lightly exercised - Evidentiary value of subsequent version ... - In name of further cross-examination a witness should not be allowed to be cross-examined as done at first instance when witness ... I was cross-examined in it appears that there is no justification in recalling said witness after a period of t....
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