• Practice related: cross examination deferred: delay tactics

Case Study:
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1.In a criminal complaint case , Summoning Orders has been issued and the matter is at Pre-Charge Evidence.
2.Complainant is leading his Pre-Charge Evidence.
3.Complainant has Filed a Photocopy of Polygraph Report in support of his evidence.
4.The Original Copy of the Polygraph Report is Filed in another Court in another Proceeding at a different district court.
5.To proove the Photocopy of the Polygraph Report ; Assistant Director - Polygraph Division - who conducted  the Polygraph Test is summoned by the Complainant as witness u/s 91 Cr.p.c.
6.( Witness No. 4 ) -  Assistant Director appears in the Court in compliance with the summons and Prooves the Report - by comparing the Photocopy filed on court record with his own records.  
7.Pursuant to the said Report been Prooved the Said Document - Prooved - Photocopy of Polygraph Report is Exhibited as EX-CW1/4.
8.It is to be Noted that the above Prooceedings of Summoning the Polygraph Expert and then Prooving and Exhibiting of the Document is done in the Presence of and under the Observation of the Defense/Accused Counsel and in the Presence of the Presiding Officer.
9.The matter is deffered for Cross Examination of the Polygraph Expert as the accused counsel did not conducted the cross examination on the day when the said Polygraph report was Prooved and Exhibited.
10.Further it is to be Noted that a Copy of the Polygraph report was also supplied to the accused counsel along with the copy of the complaint pursuant to Summoning Orders in 2013.

11.On the day fixed for Cross Examination of Polygraph Expert - Examiner in regard to Polygraph report filed , prooved by the Complainant,   The Accused Counsel Questions the Validity of Polygraph Report and says that he cannot and shall not conduct Cross Examination of the Polygraph Expert because it is a photocopy.  

12.The said delay tactic is opposed by the Complainant that the Said Polygraph report - Photocopy is already prooved and exhibited on the previous dates by the Polygraph Expert by himself comparing the Photocopy with his own records and then recording his Examination - In Chief on Oath that he Prooves the Report and its contents and his signature on it. 

13. To save the Date of Hearing getting wasted the Complainant submits that even today the Polygraph Expert has brought his own records and he can again proove and show his own report for the verification - comparison - validation by the accused counsel of the photocopy report placed on record.

14. The complainant further submits that he - accused counsel may kindly do the Cross Examination as it is very difficult to again and again summon Assistant Director - Polygraph Expert and that every time the Complainant has to pay heavy diet money.

15. The Complainant even further mentions that he will in due course also file the Certified Copy of the Original report filed in other District Court by Applying for the same , when in fact the photocopy report already filed before this court is in fact the Photocopy of the Original.

16. The Complaint even submits that the accused can filed proccedings under Section 340 Cr.P.C. if at all at any further stage it can shown that the photocopy of the Polygraph Report filed by the Complainant is in any way different from the Original Copy.

However inspite of the all the above submissions, matter is Deferred and Cross Examination is not conducted and the date is wasted and the complainant ends up paying heavy diet money much to the amusement of the accused / his counsel as for the next 2-3 months the Polygraph Expert is not available for Re - Summoning and now the Framing of Charges will get further delayed.


Question:
Can at this stage when the matter is fixed for Cross Examination of the Polygraph Expert by the accused counsel, Can he be allowed to have the Cross Examination deferred on the Whimsical Stand that it is a Photocopy and Not original report ( when in fact the report is already prooved and exhibited on earlier date in the presence of accused counsel ) . Can Adjournment without any costs imposed or curtailing the right of accused counsel to cross examine the Polygraph Expert be done.
Pls Advise?