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The purpose of re-examination is to reconcile apparent
inconsistencies, if any, between statements in the examination-in-chief and
cross-examination or to elucidate any statement accidentally made in
cross-examination or to remove any vagueness or uncertainty in the witness’
statements or any suspicions cast on such statements during cross-examination. If
the party who called the witness feels that an explanation is necessary for any
statements made during the course of cross-examination, such party is free to
put questions in re-examination to get such clarifications as may be required. It
is pertinent to note that, where there is no such vagueness or where no such explanation
required, any questions asked during re-examination with the sole purpose of allowing
the witness an opportunity to undo the effect of any statements made in examination-in-chief
and cross-examination should never be permitted.[1]
Section 138 of the Indian Evidence Act, 1872 states that re-examination
of witnesses “shall be directed to the explanation of matters referred to in
cross- examination; and, if new matter is, by permission of the Court,
introduced in re- examination, the adverse party may further cross- examine
upon that matter.”
Thus, re-examination cannot be used as a tool to introduce any new
evidence or facts, and it must be restricted only to fill lacunae in earlier
depositions. Interestingly, even if inadmissible matters are introduced in
cross-examination, the right to re-examine on those matters remain.
If in the course of cross-examination, the witness admits that earlier
statements of his were false, he should be questioned in re-examination (by the
prosecution or, in any case, by the Court) why he made such false statement. The
mere fact that the earlier statement is admitted to be false is no ground for
rejecting it completely, if on other grounds the Court concludes that it is in
substance true.[2]
In Jai Shree Yadav v. State of U.P., [AIR 2004 SC
4443] the Hon'ble Supreme Court held that when a witness is subjected to
lengthy arduous cross-examination over a lengthy period time there is always a
possibility of the witnesses committing mistakes which can be termed as
omissions, improvements and contradictions therefore those infirmities will
have to be appreciated in the background of ground realities which makes the
witness confused because of the filibustering tactics of the cross-examining
counsel. (Para 20) [Note: It is
necessary to note that in this case the witness was subject to nearly 217
questions over a period of 14 months!]
very good post thanks a lot
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