Evidence

Querist : Anonymous (Querist) 20 November 2011 This query is : Resolved
what is the legal validity or evidentary value of statements made in F.I.R. vide written application to police and application filed in court?

If applicant changes his statement made in F.I.R. or in application while oral submission before magistrate what could be the legal consequences?

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Raj Kumar Makkad (Expert) 20 November 2011
FIR is lodged solely on the bases of complaint made by complainant in writing and investigation thereon is initiated. Police after completion of investigation files it final report before court and accordingly charge is framed against the accused person.

Now turn of prosecution starts which has to prove the allegation/charge levelled against accused. If complainant changes his statement then earlier given by him to police (upon which FIR was lodged), it shall be fatal for case and benefit shall go in favour of accused.

Oral evidence before court should strictly in consonance with complaint.

Arvind Sehdev (Expert) 20 November 2011
1. The whole Criminal case relies on the FIR. In an FIR the statements made by the Complainant can be anything. It is as you said statements. The whole evidence rests on the FIR.

2. After all the investigation police files a chargesheet and supplementary chargesheet [if needed].

3. If the Complainant or applicant[as you say it] changes his/her statement in the FIR then as Mr.Makkad rightfully said it is fatal for the case.

Devajyoti Barman (Expert) 20 November 2011
The court would treat this contradiction as defect in the prosecution case.

Guest (Expert) 21 November 2011
it cannot be taken into admission regarding the pecuniary value or claim in civil cases. It can only taken into contradict the version u/s 161 of Cr.P.C. of the witnesses.