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Contradictory statements in FIR and in chief examination

Querist : Anonymous (Querist) 11 November 2010 This query is : Resolved 
Ld counsels,

Will a totally contradictory statement in FIR and in Chief examination amount to perjury.

Example:

Statement in FIR: My husband took my out of my matriminial home and left me at my parents house.

Statement before the Court: I left my matriminial home with my father.

The statement made in FIR is false and FIR being an evidence makeing false statement on FIR amounts to perjury. The false statement was made in FIR in order to make a case for dowry harassment.

Please clarify.


adv. rajeev ( rajoo ) (Expert) 11 November 2010
It is not a perjury, because FIR is first investigation report filed by the police on the basis of the complaint/statement given before them, but while giving evidence in the court wittness will swear, so whatever stated before the court holds good.
And contradiction in FIR and chief examination is good defense for the accused.
Kirti Kar Tripathi (Expert) 11 November 2010
i agree with Rajeev. it is not perjury. However, this may be a good defense for accused.
s.subramanian (Expert) 11 November 2010
Yes
Raj Kumar Makkad (Expert) 11 November 2010
I also agree.
Uma parameswaran (Expert) 11 November 2010
yes
Arun Kumar Bhagat (Expert) 17 November 2010
These are contradictions which will negatively affect the prosecution case.


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