The art and science of cross examination in 498a is the key for winning the case.

The right kind of questions will influence the judge in making a judgement regarding the credibility of the witness and to shake his/her credibility questions are to be crafted using the strategic values of these things..

Questions which shake the credibility of the witness.

Now if wife alleges some injury and there is no MLC related document on record then you have to ask if you have opted for MLC or done any formal complaint about incident. Here keep this thing in mind that you already know the answer will be a big “NO”. If somebody has done cruelty on wife oboviously the person would complain about the incident. beware you do not have to ask the question why she did not do the complaint rather give a suggestion that no incident happened that’s why you did not do complaint or told anybody. Now if she acts smarter and will try to add she did not do the complaint because she wanted to save the marraige if you ask why she did not do the complaint.

Questions which are directed to her in which you know there is no evidence on record

You know wife has no evidence of spending 25 lakh in a marriage you can ask questions like supporting bills or jewallary items like this

Have you attached any jwellary or marraige related bills? dont go to the question why you have not attached the bills.

Contradictory previous statement

You need to highlight the contradiction of 161 statement and examination in chief and content of complaint if there are material contradiction of date/place.

Confrontational questions

You need to put your defense to her you have to first identify her Facebook or WhatsApp number and then confront her with the messages exchanged

EXPEDITE CROSS EXAMINATION JUDGEMENT

In a recent Supreme court Judgment of Rajesh Yadav Vs. State of UP it was held that nario that the trial courts are adjourning the cross examination of the private witnesses after the conclusion of the cross examination without any rhyme or reason, at the drop of a hat. Long adjournments are being given after the completion of the chief examination, which only helps the defense to win them over at times, with the passage of time. Thus, we deem it appropriate to reiterate that the trial courts shall endeavor to complete the examination of the private witnesses both chief and cross on the same day as far as possible. To further curtail this menace, we would expect the trial courts to take up the examination of the private witnesses first, before proceeding with that of the official witnesses. A copy of this judgment shall be circulated to all the trial courts, to be facilitated through the respective High Courts.

Nitish Banka

Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997