Effect of contradicitons
Prakash
(Querist) 26 April 2012
This query is : Resolved
Ld Counsels,
In the FIR wife stated that husband took her form matrimonial home and dropped her at her parent's house.
In the 161 statement she had stated that she left matrimonial home along with her father. Further in 161 statement she had also admitted that all her articles / jewelry and belongings were taken away from husband's house by her parents.
In her testimony before the court she had stated that she left the matrimonial home with her father which contradicts with what is stated in the FIR, Further she had stated that all her jewelry are still with the husband which is in contrast to her statement under 161 crpc.
will these contradiction render her evidence disbelieved and rejected by the criminal court.
Please clarify thanks.
V R SHROFF
(Expert) 26 April 2012
dv? or 498??
Don't make much difference.
Evidence / cross is important and binding.
PARTHA P BORBORA
(Expert) 26 April 2012
if u pointed out by asking them specifically about those contradictions at the time of cross examination of the wife and her fater during trial and those contradictions are duly confronted by the investigating office in his cross examination, it will surely help help u. But it dose not mean that court will aquite u only on the strength of those contradictions.
Adv.R.P.Chugh
(Expert) 26 April 2012
Dear Mr.Prakash,
This is a most vital and material contradiction. The FIR as well as 161 Statement can be used to contradict her testimony after showing the relevant parts of the same in her cross-examination as per S.145 Indian Evidence Act.
I'll now proceed to deal with specific contradictions :-
1. As regards how she came to be at her parental house is not too material. It definately would bring down the evidentiary weight and her over-all believability quotient. But in India we don't follow "Falsus in uno falsus in omnibus" which means false in one thing - false in all. Even though falsity on this is established - her testimony with respect to other issues can be relied upon.
2. The Second contradiction as regards custody of her Dowry Articles is of profound importance as regards 406 Case. Here she stands self contradicted and her testimony is devastated for the simple reason - if she took all the articles - then no misappropriation or Criminal Breach of Trust - 406 falls to the ground.
Feel free to talk !
ajay sethi
(Expert) 26 April 2012
agree with bharat chugh
Raj Kumar Makkad
(Expert) 26 April 2012
In continuation of the advice of Bharat, it is to add that the benefit of such major contradiction shall definitely go in favour of the accused persons but cross-examination should be done with vigorously and with sound mind.
Shonee Kapoor
(Expert) 27 April 2012
Cross should highlight these contradictions, otherwise no benefit would accrue to the accused.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Dr J C Vashista
(Expert) 28 April 2012
While cross-examination you will have to highlight contradictions made therein the statement u/s 161 Cr PC.
I agree with Mr. Bharat
