Crpc 161 statements & chargesheet

rajiv ranjan (Querist) 09 March 2013 This query is : Resolved
Sir/Madam,

My wife has filed a false dowry harassment case against me and my family under sections 498a, 406 and 323 IPC. The prosecution witnesses besides my wife are her parents and sister. My wife's parents and sister in their CrPC 161 statements have not mentioned any specific incident (although my wife has stated numerous specific incidents in the FIR) and have only stated that they have given a lot of dowry at the time of marriage and that their daughter has been constantly tortured and harassed by me and my family for dowry. Now my question is that during their examination in chief can the CrPC 161 witnesses narrate specific incidents to corroborate the ones mentioned by my wife in the FIR in the garb of elaborating what they meant by torture and harassment for dowry? If they can legally do so, then the entire objective and purpose of using their Crpc 161 statements to contradict them would be futile as they did not mention those specific incidents of cruelty earlier in their CrPC 161 statements. If there is any judgment which can help me in this matter, kindly mention the citation. Secondly,can the prosecution submit fake MLR or other documentary proofs like photographs, bills of purchase etc at the time of prosecution evidence (examination in chief of PW's) if they have not submitted the same during the investigation stage.In other words - is it necessary in a criminal case to submit all the documentary proof which the prosecution would rely upon in order to prove the guilt of the accused along with the charge sheet itself (to the accused) or can the same be submitted later on also? In my case the charge sheet was filed about 6 months ago & there are no documentary proofs of any kind attached with or mentioned in the charge sheet like MLR, photographs, bills of article purchase etc. I am apprehensive that the complainant's family will try to obtain/create fake documentary proofs before her testimony in the court and would present the same before the court at the time of her examination in chief. Any supreme court citation in this matter would be invaluable.

Thanks & Regards,

Rajiv Ranjan.

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Devajyoti Barman (Expert) 10 March 2013
Their statement i court can always be confronted if they say something which is not there on charge sheet.
You would get ample opportunity to dispute the documents if they seek to file as those need to be admissible in evidence in first and if those are fake then you can file case against them for filing false evidence.