utilized that opportunity reasonably well. The discrepancy seen in the
various dates he made various complaints notwithstanding.
I
r.\
This leads me to whether the question put across to PWl in reexamination is appropriate or not. The provision of the Evidence Act is
clear. Were there matters referred to in cross examination of PWl
which need explanation so as to warrant the prosecution to further
cross examine pwl upon that issue necessitated? It is my candid view
that there was none. Absolutely none. Besides, the Evidence Act uses
the word "may" as the operative word. In other words, it is not
mandatory that the adverse party must re-examine.
My view is hinged on the fact that the document (ie Exh "B") was made
by PWl himself. It is not a new document to him. In his evidence in
chief the following dialogue ensued between the prosecutor and PWl.
Q.
Take your mind back to 20
th
Feb. 2009 do you remember that
date?
Ans. Yes I remember
Q.
Did anything happen between you and the defendant on the
same date?
Ans. Yes something happened
Q.
Narrate with precision what happened on that date
14
I P ,i b r