Cr.p.c 154

Jolly James 9447287658 (Querist) 04 November 2011 This query is : Resolved
De facto complainant deposed before the court that F.I.S given with his daughter after school time at 4 P.M. But F.I.S shows that was recorded at 11 AM How the defense can utilize the aspect.

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Raj Kumar Makkad (Expert) 04 November 2011
It depends upon various factors like how much time elapsed after recording of his statement under section 161 and his deposing before court, whether he was involved in the process of FIS and so on. Minor discrepancies are not sufficient for defence.

Shonee Kapoor (Expert) 04 November 2011
Correct, but benefit of doubt would be to the accused.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Ravikant Soni (Expert) 05 November 2011
I concur to Mr Makkad and adding:

It could be an argument, if material shows that fIR is ante-time. Or there is any material lacuna on the part of prosecution, otherwise it is a minor discrepancy.

Kiran Kumar (Expert) 05 November 2011
its a matter of appreciation of entire set of evidence....the things to be looked into are whether there are other discrepancies too...Whether this mistake was intentional or unintentional etc...all a matter or appreciation and consideration.