Cross-Examination has the power to change the falsehood case into truth. According to Section 137 of the Indian Evidence Act, the examination of a witness by the adverse party shall be called his cross-examination.
Cross-examination aims to highlight discrepancies or inadequacies in the other party’s evidence. This type of examination also uncovers inconsistencies in witness declarations and to inspire realities that help in interrogating the case. The order of Examination is stated under Section 138 of the Indian Evidence Act which stated that the witness must be examined-in-chief, then the opposite party cross-examines the suspect, and if the suspect called by the party in desire, then it is considered as Re-examination.
There are two principle explanations behind conducting a cross-examination process:
a) to have the witness and give evidence that encourages you and your case, and
b) to ask the observer inquiries about any proof they gave before that you don’t believe is right.
The standards about interrogation aren’t as exacting as they are for direct assessment (when you question your own observers). For instance, in interrogation, one can:
One of the major purposes of cross-examination is the revealing of truth and exonerates the innocent one. Another purpose is to distort or weaken the force of witness evidence. The objective of cross-examination is to challenge the credibility, accuracy, and general value of evidence presented in chief to shift the facts related to any case which is already stated by the witness to exposed discrepancies and illicit the true fact which will support the case of opposite party.
In cross-examination, the rules are not as strict as rules which must be taken into consideration at the time of examination-in-chief. In this, one can ask leading questions and also challenge the other party’s evidence in order to show that their evidence is not reliable. The most significant point for the witness to recall is that in such circumstances losing of temper is extremely harming to his bearing.
In most cases, however, the cross-examination of an expert witness is carried out along far more civilized lines, and the evidence is tested by logical questioning about the methods employed in the examination and about the validity of the conclusions reached.
From the perspective of the cross-analyst, there is a need to decrease the evidential estimation of the declaration to a point where the appointed authority or jury will view it as unsound, questionable, or even mixed up.
In the event that the end is sufficiently based, the questioning is probably going to fall flat, however on the off chance that it emerges from erroneous perception or thinking, successful addressing will uncover this.
An arson investigation basically focuses on four broad areas which are as follows:
A standardized protocol must be followed in arson and fire investigation which is as follows:
1. Identification of the first caller from the scene of incidence.
2. Identification of any injured person present at the scene of incidence and medical assistance must be provided to the personnel.
3. Protect the whole area by the barricading tape in order to avoid entry of unnecessary personnels.
4. Obtain photographs of the scene of incidence from all the possible angles.
5. Obtain insurance information and identification of the public or private insurance investigators.
6. Record check of the property is another crucial step by the forensic investigators. Record check includes assessor records or tax records.
7. Weather conditions must be taken into consideration as well as proper documentation of the scene of incidence must be taken in the form of notes.
8. Searching method must be employed by the forensic experts and crime scene investigators depending upon the area of the crime scene.
9. Remove all the debris and clean all the relevant tools or articles and establishing the area for evidence collection.
10. Evidences must be thoroughly searched and collected from the crime scene as well as preserved properly for the further laboratory analysis as evidences are admissible in court of law.
11. Analyze fire flow patterns, damage patterns, and evidences such as shields and shadows, inverted cone burn pattern, etc. Document the evidences with photos, sketches and notes.
The role of forensic fire investigator is to check for possible incendiary devices, license plate of automobiles in the area of fire, and to ensure that access to the scene is under control. Another major task of fire investigator is to survey the exterior as well as interior of the structure of the building. The goal is to assess probable fire origin, secure evidence and to control fire overhaul procedures to protect evidence.
Once the evidences are collected in secured manner, they will send to the forensic laboratory for further analysis and examination. After the results are interpretated, the report prepared by forensic expert is admissible under court of law.