Qry on withness
Sk Rajjak Hossain
(Querist) 14 October 2017
This query is : Resolved
Dear Experts
Kindly suggest on below points.
Where wife has made false 498A case against her husband and family members and the witness of her case only her 5relatives. It was found that 3 witness of out of 5 was previously accused on a murder case.
Is it acceptable their witness in 498A.
Rajendra K Goyal
(Expert) 14 October 2017
How are you concerned / related with the query?
Court may not refuse to take on record the witness of a person who has criminal background or is a relative of litigant.
Other side in effective cross and in arguments have to prove that their witness has no evidence value biased.
Sk Rajjak Hossain
(Querist) 14 October 2017
Dear Rajendra Ji please find the below update...
My wife has filed a false case against me and my family.
In her case all the witness is her father mother and other close relatives. 3 are criminal background. Rest 2 r father and mother.
My qury is that is their vidance would be granted in court or rejected.
Kindly suggest
Vijay Raj Mahajan
(Expert) 17 October 2017
Evidence of all witnesses of the prosecution taken on record by the trail court. The court will rely on the evidence of witnesses with doubtful integrity and character as being accused in another criminal complaint is totally depends on the discretion of the court as well the material statement made by them in the present S498A IPC complaint. Just not to allow these to make statement in S498A IPC complaint because they are accused in another criminal complaint case will not be any reason if their evidence is relevant for the present S498A IPC complaint case.
In their cross examination the question about their involvement as accused in another criminal complaint will bring on the record about their doubtful character and ground for not trusting their witnesses in the present S498A IPC complaint case.
Rajendra K Goyal
(Expert) 17 October 2017
Well explained, agree with the expert Vijay Raj Mahajan.
