1000 TIT BITS ON DISCIPLINE -207
864. GUIDELINES FOR ORGANISING AN EFFECTIVE DEFENCE
(11) Do not forget, specifically, in the preliminary hearing itself to ask for the copies of previous statements made by witnesses during the preliminary inquiry. He will need them during cross-examination of those witnesses. These statements also help him to know beforehand the points on which their evidence will be recorded by the presenting officer.
(12) He can ask for the report of preliminary inquiry, police investigation, A.C.Rs., also if these are relied upon by the presenting officer during the inquiry.
(13) He should submit his list of defence documents and witnesses to the inquiry officer only after he has completed inspection of the documents listed along with the charge sheet and gone through the earlier statements of prosecution witnesses. Remember these lists must be submitted to inquiry officer within the prescribed time.
(14) He should not forget to give full particulars of the defence witness/document for its proper identification and its relevance. However, he need not mention what specifically he intends to bring out from any particular witness/document,
(15) During the hearing when the documents are taken on record and marked as ‘Exhibits' by the inquiry officer, the defence assistant should ensure that all defence documents allowed by the inquiry officer do come on record.
(16) He should also make sure that earlier statement of a witness made during investigation/preliminary inquiry is not taken on record as a 'document'. The reason is that such earlier statements of witnesses made during investigation/preliminary inquiry can be part of record of inquiry only if the witness personally appears before the inquiry officer, confirm his earlier statement and is offered for cross-examination.
(17) He should cross-examine the prosecution witnesses skilfully to bring out the truth and expose the hollowness in their testimony. Necessary guidelines for the purpose are provided in the relevant chapter of this book.
(18) He may discredit the prosecution witnesses by impeaching their trustworthiness but for this purpose he has to do necessary home-work. It goes without saying that he should not go unprepared. Leave nothing to chance.
(19) He should not forget to collect his copy of the deposition recorded by each witness. He can also obtain a copy of the daily order sheet made on each date of hearing
(20) If the presenting officer makes a request to examine some additional evidence or recall a witness who has already been examined, make sure that - (i) it is not done to fill up gaps. It is permissible only where there is an inherent lacuna in the evidence already recorded; and (ii) it is done before the examination of the defence witnesses is taken up.
Post a Comment