Does the version of defense a relevant fact in criminal prosecution
Prakash
(Querist) 29 September 2012
This query is : Resolved
Ld Counsels,
Accused went for quashing criminal proceeding HC declined to quash but gave the liberty to accused to agitate the defense that the criminal proceedings are malafide instituted to extract money.
Accused came to know about the criminal antecedent of one of the prosecution witnesses who was in need of money to absolve himself from criminal cases. During cross examination this prosecution witness falsely denied about the criminal case pending against him and his wanting circumstances. This PW is a close relative of wife/defacto complainant and stood as a witness during marriage registration.
Because the husband/accused was given the liberty to take the defense that the case is malafide will the false denial of PW about his pending criminal case become relevant and will a charge of perjury maintainable.
Can the PW be said to have perjured by denying his criminal antecedents involving money transactions which was relevant for accused/husband to prove his defense.
Further there are irreconcilable contradiction between his chief and cross examination, can these contradiction sustain the charge of perjury eg: on a particular day he came to husbands' house and took away wife's belonging
in chief he stated that he came to husbands house but in cross examination he denied having visited husbands house.
Thanks.
PARTHA P BORBORA
(Expert) 29 September 2012
previous bad charecter is not relevent in a criminal case. His evidence can not be ignored only on the ground that there is a case pending agaist him. But contradictions will be considerd.
Prakash
(Querist) 30 September 2012
The case of the accused is that the PW used this marriage to extract money hence he is hiding his dire need for money by denying his criminal case pending against him.
Can he be proceeded against for the offense of perjury.
PARTHA P BORBORA
(Expert) 30 September 2012
It may be proved by submitting the certified copies of the case pending against him.
