Please advise
Mustafa Bhat
(Querist) 06 March 2014
This query is : Resolved
If PW in statement to Police U/S 498A&406 gave a statement & when this PW was to dispose his statement during trail he
(i) Adds more allegation to the accused during trail statement in court,What will this addition have, will it go in favour of Prosecution or accused.
(ii) The Statement U/S 161 & trail statement are different even though allegations in trail statement also, what will be its impact.
(iii)When asked about the List of articles, just could say only the detail of first item in the list of Articles/Ornaments provided by the compliant in FIR for 498A & 406,while couldnot provide the quantity mentioned with other articles & nor could even name some what will be its effect.
This PW being Uncle of Compliant.
Please advise.
ajay sethi
(Expert) 06 March 2014
if PW has sought to improve upon his case and it is contrary to statement recorded under section 161 it will help the accused .
further if he is unable to give details of ornaments provided by the complainant in FIR it is beneficial for you .the complainant in her evidence may be able to furnish the requisite details
Devajyoti Barman
(Expert) 06 March 2014
1. It is the deposition in court which cunts, not what he said to police.
2.Yes
3. Makes dent in authenticity of allegation.
Mustafa Bhat
(Querist) 07 March 2014
Devajyoti Sir,
(i)that mean statement of PW in police station under 161 loses its credibility, after deposition of statement in court.
(ii) Can accused request for re-examination of any PW after deposition of Statements of all PWs in court.
