So far as the order dated 04.02.2016 is concerned, cognizance of the offence was taken and the accused were directed to face trial by way of issuing summons.
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.
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]
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