Friday, June 17, 2011

Cross examination


I and Harish went to Puliani and Puliani, (my regular book seller) today after the court and got few new books for our library on criminal law. I was reading the book in which talked about the Principal of cross examination, I came across fallowing example thought I will share with you all:

Q. Doctor, you say you are a practicing physician. Have you practiced your profession in the city of Chicogo for any length of time?

A. Yes. I have been in practice here in Chicago for about forty-years.

Q. Well, doctor, during that time I presume you have had occasion to treat some of our most prominent citizens, have you not?

A. Yes I think I have.

Q. By any chance where you ever called as a family physician to prescribe for the elder Marshall Field?

A. Yes, I was his family physician for a number of years.

Q. By the way, I haven't heard of him lately. Where is he now?

A. He is dead.

Q. Oh, I 'm sorry. Were you the family physician of the elder Mr. Mc.Cormic?

A. Yes also for many years.

Q. Would you mind my asking where he is now?

A. He is dead.

He then asked about eight or ten other whom the doctor once had treated, all of whom were dead. As the jury smiled, he looked politely at the doctor and said, “ I don't think it is necessary to ask you more question. Please step down.”

This reminded me when I was doing a trail for a boy who allegedly stolen most of the mobile in and around Mejastic. The witness who was deposing against the accused has lost his Reliance CDMA phone. I know that the CDMA phone does not come with an additional sim-card.

The witness was examined in chief and the Mobile was displayed in the court for marking. I noticed that the phone which was displayed in the court was Nokia 3310 and this phone is GSM phone not CDMA phone, but the witness was very proudly saying that he has lost the phone and subsequently police had found the phone and it was the same phone which was displayed in the court.

It was my chance to cross examine him, and I asked him.

Q. Can you tell me who is your phone service provider?
A. Reliance.

Q. When you have got the phone connection from Reliance you got this phone with out additonal sim-card?
A. Yes

Q. Have you ever tried using any other sim-card in your phone?
( he was quite proud that I am asking some silly question and in sarcastic manner answered)
A. Sir, sim-card is inbuilt and we cant insert any new sim-card and it does not function.

Q. I said, thank you, and now I will give you this phone, can you see if you can switch on the phone and make a call?
(now he realized that the phone which is in the court hall need sim card and did not know what to do, the battery was re-pleased now he tried to switch on and said)

A. it's asking for simcard.

I said thank you very much please come down.

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