case and counter-common witness

[pavan kumar]

Hi friends,

In a case and counter, one witness was examined in common by the IO. But his 161 crpc statements are recorded differently in each case. During cross-examination in one case, the learned counsel after questioning the witness as the contents of his statement given to the police in that case, sought permission to question the witness with regard to the statement of witness in the counter case. he is permitted u/sec 145 IEA. later has requested the court to mark the contents of the statement in counter case when the witness denied its truthfulness. Then I have put a question to the witness as to how many times he was examined by the police, for which he stated that he was examined only once. Then  I have refused to mark the contents in the counter case. I have suggested the counsel to question the IO in this regard. Am I correct in doing so. Please share your thoughts.

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Challa Pavan Kumar

[korrapolu vasudevarao]

dear friends in case and counter or otherwise called cross cases decision of supreme court in Mishrilal case may help. i am enclosing the same for better use. when a witness say he was examined by police only one time in both cases, it is difficult to decide at the time of examining the witness as it is I.O who can give proper answer. In the instant case, if the I.O state he examined witness twice independently then what is the option. Since witness do not know in which crime he was examined. So, it is a peculiar problem. However any previous statement reduced into writing can be used for contradiction or omission.

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