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lawyersclub   07 February 2016

Witness in road accidents

In a road accident under 279, 337,338 it is possible for a witness is closely related with the victim to depose in court and present wrong facts if he was accompanying the victim to favor his aide. Closely related or known people to victims who may distort case facts to suport prosecution. How credibly do courts look at their testimony?

What safeguards are available with the defence against such malafide plots?



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 2 Replies

Laxmi Kant Joshi (Advocate )     07 February 2016

Any one which was eye witness of the accident can depose the statement ,for prosecution side police had mentioned their name as witnesses in the fir ,defence side can challange the credibility of the witnesses on the cross examination and also by producing eye witnesses with evidences in his favour .

lawyersclub   18 April 2016

Originally posted by : laxmi kant joshi
Any one which was eye witness of the accident can depose the statement ,for prosecution side police had mentioned their name as witnesses in the fir ,defence side can challange the credibility of the witnesses on the cross examination and also by producing eye witnesses with evidences in his favour .

But the witnesses in the case have recorded that the car being driven in the case was at high speeds. What will qualify as high speed on a service road? Is even 40kmph a high speed? 

Is the fact that the prosecution only sustained a leg fracture an good argument that the car wasnt driven at high speed or otherwise the injuries would have been higher and the prosecution might have been thrown away as well. (Do investigative research on highway accidents by US traffic department count in this case as they say tibia fractures (as in this case) on road by cars may be caused by cars in the range of 25-37 kmph?)

Or atleast this could be seen as evidence of that fact that there is doubt that the card being driven in the case was at high speed. As these cases require proof beyond doubt for conviction.


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