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Clarifications on Restriction to cross-examination in DV matter
12-Sep-2023 (In Criminal Law)
Madam/Sir, I would like to have your kind opinion on this peculiar situation. That the cross-examination of the complainant/witness in a Domestic Violence matter pending adjudication before a Trial Court in Delhi finally started before after a long span of 5 years. That after a brief spell of cross-examination the matter was adjourned by the Ld. M.M. with an oral direction to the defense counsel to complete the cross-examination on the next date and no further adjournment/time would be given by the Trial Court for further cross-examination. Kindly render your valuable advise on the following aspects: 1. Can the Court of the Ld. M.M restrict/curtail the right of the defense counsel and fix a time frame to cross-examine a witness, CW1? 2. Can the Court of the Ld. M.M. close the cross-examination of the defense counsel even though he has not completed the cross-examination of the witness in its entirety? 3. I will be grateful if your good self can also share the cause title of supporting
1. The learned magistrate can fix a time limit to cross examine CW-1 subject to the situation that if the other side advocate had already sought more number of adjournments and also depends on the date of filing of the case. (2) Yes, the learned magistrate can close the stage of further cross examination of the defense counsel even though he has not completed the cross examination of the witness but there is every chance of filing a recall application if the stage is closed and also it results in prolonging your case.
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Adv. Jagadish N
Bangalore | 400+ Answers
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In criminal proceedings, adjournment would not be granted for cross-examination. Opportunity is provided for the cross-examination of complainant/witness and that opportunity is not denied. The counsel who is required to cross-examine is expected to know the entire matter of evidence and defence and hence is obliged to cross-examine the witness immediately. He would not have grounds for adjournment for cross-examination. Therefore, the Ld. M. M. is right in directing the counsel to complete the cross-examination on the next date. You are advised to instruct your advocate to be prepared for cross-examining the witness on the next date. You have no case for adjournment.
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Raghavendra Rao B.K.
Bangalore | 200+ Answers
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