Witness statement in different cases

Jaimit (Querist) 27 July 2024 This query is : Resolved
In a case A (498a) the prosecution witness X said that he doesn't remember the date of the alleged incidence. After close of prosecution evidence in case A, at a later date in another case B (divorce) the same witness mentioned the date of the same incidence.

How can the witness statement given at a later date in case B be used by defence as evidence in case A ? If I submit the certified copy of the witness statement from Case B in Case A, will his statements from Case B (divorce) be considered in case A(498a) ? Pls help me with relevant sections.

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This discussion explores how to use a witness's statement from a later divorce case (Case B) as evidence in an earlier criminal case (Case A), especially when the witness initially couldn't recall the date of the incident in Case A. The advice suggests that if the criminal case is still open, the defence can file a petition to reopen the case and recall the witness to present the contradictory statement from Case B. A certified copy of the statement from Case B can be submitted, but the witness must be formally recalled for the evidence to be considered relevant and admissible.

T. Kalaiselvan, Advocate (Expert) 27 July 2024
If the criminal case has been closed then there is no question of producing any evidence before it which was found later on in another case.
If the criminal case has not been closed then the accused can file a petition to reopen and recall the particular witness for this purpose, however since this contradiction appears to be in favor of the accused, it would be better that the accused remains silent about because this contradiction may help him to get a judgment in his favor

Jaimit (Querist) 28 July 2024
Thankyou Kalaiselvan Sir for your guidance.
So does it mean that without recalling the witness, the certified copy of the subsequent statement will not be relevant ?

T. Kalaiselvan, Advocate (Expert) 29 July 2024
The witness evidence has to be reopened by recalling the witness for further evidence and that is the procedure to be followed as per law.

Jaimit (Querist) 29 July 2024
Thankyou sir for the clarification.

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