Contradiction Evidence in 498A

R.SHAH (Querist) 24 June 2011 This query is : Resolved
dear all, in my 498a case, complainant wife has deposed, and her mother but her mother deposiiton is start to end is full contracdictions has it was not in the FIR/chargesheet she deposed all new version other than what she mentioned in her statement to police, we took her statement as your complaint is as per your say to police , she said yes then we asked her "it's true that i have not inform police about this. why ? she says donot know" etc.... and her father who gives only half chief and his chief was not completetd neither he gave cross exam. and judge dropped him after giving plenty of chance to complete. now, her father evidence will be considered or not ? her mother whose statement out of chargesheet would be completely rejected due to contracdiction version by judge and not take has a evidence. complainant evidence only be considered to and can be convincing ones as no ones deposed including IO's etcc.. KINDLY ADVISE ME WHTHER THERE STATEMENTS ARE ADMISSIBL EAS PER LAW, AND ONLY COMPLAINT STATEMENT CAN BE SUPPORTIVE TO HER AS THERE WAS TOTAL 17 WITNESSES BUT NONE WAS APPEAR DESPITE OF VARIOUS SUMMONS AND WARRANT.

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Devajyoti Barman (Expert) 24 June 2011
No, fathers evidence would not be considered.

The contradiction may influence the court not to pay much importance to her statement.

A single reliable testimony in certain circumstances is sufficient for conviction.

If the witness faces cross examination then her evidence is admissible.

Guest (Expert) 24 June 2011
i agree with Mr. Barman

prabhakar singh (Expert) 24 June 2011
i 2 agree with Mr. Barman

Ajay Bansal (Expert) 24 June 2011
Agreed with abovesaid views.

R.SHAH (Querist) 24 June 2011
thanks.

out of her father statement i have said true to one paragraphs of marriage and staying in joint family.

whether this part of my admission to her father half deposition, no cross. would be considered as evidence.

kindly reply.

Arun Kumar Bhagat (Expert) 25 June 2011
Her mother's deposition shall be expunged on the ground of exaggeration and not stated during her examination u/s 161 Cr. P.code. Absence of corraborating evidence shall weaken the case.

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