498a & 406
Mustafa Bhat
(Querist) 14 July 2015
This query is : Resolved
Sir
In in 498A & 406 one of PW was dropped by prosecution, than the complainant's counsel submitted an application in court that the PW is very important Witness, who will bring true facts before the Court.
Then Hon'ble Court accepted the plea raised by the counsel of complainant which was also supported by prosecution.
When the PW was called in court will deposing statement in court, He said at the time of FIR the divorce has already taken place ( which he has not said in 161)& what were statement i have given in police under section 161 was what I was told by lady.
Then the counsel for complainant along with prosecution declared him hostile.
My submission is that can they declare him hostile,when they submitted to court that he is important for just decision of case.
SAINATH DEVALLA
(Expert) 14 July 2015
Whats the status of the divorce at the time of filing FIR?
Rajendra K Goyal
(Expert) 15 July 2015
Case file and statement has to be referred, discuss with your lawyer.
Mustafa Bhat
(Querist) 15 July 2015
Sainath Sir
At the time of FIR divorce was already prounced