evidence act- contradiction and omission from 161 statement-HOW TO TBE MARKED ?
WHATSAPP 91-8075113965
(Querist) 07 March 2009
This query is : Resolved
dear sirs,
i would like to know some facts about examination of witnesses in the open court,with special emphasise on cross-examination .that is :
1.what actually is a "CONTRADICTION " AND what actually is an " OMISSION " in the deposition of a witness.?
2.if a witness deposes against / deviates from/ omits from his previous statement,how i should mark such portion ?3.should i put a question that "YOU HAVE NOT GIVEN SUCH A STATEMENT EARLIER TO POLICE U/S 161 CRPC ?
4. THEN , SHOULD I ASK THE SAME QUESTION TO THE INVESTIGATION OFFICER THAT WITNESS HAS NOT GIVEN SUCH A STATEMENT TO YOU DURING INVESTIGATION ?
5.AN INCIDENT WAS WITNESSED BY A SOLE INDIPENDANT WITNESS. COMPLAINANT AND OTHER WINESSES ADMITS THAT " HE " HAS SEEN THE INCIDENT.BUT, HE WAS NOT MADE AS A WITNESS IN THE PROSECUTION CASE.NOW, DURING TRIAL,I WANT TO ASK "WHY HE WAS NOT MADE AS A WITNESS".TO WHOOM ,I CAN PUT THIS QUESTION ? TO THE INVESTIGATION OFFICER OR TO THE CHARGE SUBMITTING OFFICER ? ie, WHO IS THE PERSON HAVING THE POWER TO ADD/ ARRAY/DELETE WITNESSES.....INVESTIGATION OFFICER OR CHARGE SUBMITTING OFFICER ?
PLEASE EXPLAIN IN DETAILS .
ALSO, SUGGEST ME, SOME RULINGS OF HIGH COURT AND APEX COURT.
WHICH PORTION OF EVIDENCE ACT SAYS ABOUT ALL THESE FACTS ?
6. MY LAST QUESTION IS THAT WHETHER A JUDGE/ MAGISTRATE CAN REFUSE TO NOTE DOWN THE QUESTION BY A COUNSEL AND ANSWER BY A WITNESS, ON THE GROUND THAT IT IS IRRELEVANT TO THE CASE ON HAND OR THE MAG /JUDGE HAS TO WRITE ALL QUESTION AND ANSWERS, AS MANDATORY ?
THANKS SIRS SALILKUMAR
ADVOCATE
THALASSERY-670101
09447536929
AEJAZ AHMED
(Expert) 07 March 2009
DEAR KUMAR,
Contradiction:
A statement that is necessarily false;
Opposition between two conflicting forces or ideas;
The speech act of contradicting someone
Omission:
Something that has been omitted;
Neglecting to do something; leaving out or passing over something;
A mistake resulting from neglect;
Further, before to answer your query in detail I want some clarifications as follows:
With ref to this Question:
If a witness deposes against / deviates from/omits from his previous statement, " how i should mark such portion" ?
May I know who are You ?
Complainent OR Accused
If You are for Accused:
What is the necesity for you to go in deep, when a witness himself contradicting with his previous statment, it is itself favourable for you and your client.
And
What do you mean by " how i should mark such portion" ?
You can take benefit of of such Contradictory statement of Witness during the time of Argument and you can highlight the same portion of both staments at that time.
V.V.RAMDAS
(Expert) 08 March 2009
Dear Aejaz,
Your answer to the question is very nice and very simple and helps a lot to the new criminal court practioner.
A. A. JOSE
(Expert) 09 March 2009
I agree with Mr.Aejaz.
