Deposition/Testimony

Querist : Anonymous (Querist) 30 January 2011 This query is : Resolved
Since I am just a lay man, I want to know the difference between DEPOSITION and TESTIMONY.For me DEPOSITION is the statement of PW recorded or reduced into writing by the police u/s 161 CrPC during investigation of a criminal case. Whereas TESTIMONY is the statement before court by the same PW under oath during trial of that investigated case.Now if PW narrates contrary to what was written by police u/s 161 and prosecution neither declares him HOSTILE nor CROSS-EXAMINES him, so how can trial judge treat this TESTIMONY of PW, NON-ADMISSIBLE since that favored the accused?And if so, which of the statement would be treated ADMISSIBLE as evidence against accused?Can the trial judge form his own FANTASY to convict the accused?Does that amount to BIASED towards accused?And if that so,APPEAL to higher forum is only the remedy or some other recourse is available in the Indian Law?

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adv. rajeev ( rajoo ) (Expert) 30 January 2011
Deposition means during the trial wittnesses depose before the court will be considered. The statement given before police wont be considered because in the trial wittnesses will be put into cross examination.

Querist : Anonymous (Querist) 30 January 2011
Adv.Mr.Rajeev,Thanx for the reply but it seems u did not read my whole question.I agree the deposition before court is admissibe as evidence but in that PW exonerated the accused, then how come the trial judge while convicting passed remarks that in order to save the accused PW is not speaking the truth?How could judge know the truth?Was he himself present at the scene of crime and witnessed it?

Ajay Bansal (Expert) 30 January 2011
IT IS BETTER FOR YOU TO GO THROUGH EVIDENCE ACT.AFTER READING IT,YOU WILL KNOW WHAT AND WHY JUDGE DO ON EVIDENCE OF PW.

Uma parameswaran (Expert) 30 January 2011
Read out the deposition made by PW .It will clear out your doubt.If aggrieved by the Judgement appeal is available

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