Contradiction in statements made in affidavit/cross/ws in different cases in different courts.
rupeshgangurde
(Querist) 27 October 2013
This query is : Resolved
R/Sir,
Did their is any procedure to show & take action against the contradiction made in affidavit /Cross/WS in different cases in different courts.
that, my wife has admitted some suggestions & documents in one proceeding but denied in another proceeding and again denied. as well as made improvements in her statements case to case. He well known that statements made by her false but she simply denied in affidavit and cross examination though I brought her admission but in another case she simply denied it hence. Request to How to stop this & take a appropriate action.
thanking you
V R SHROFF
(Expert) 27 October 2013
get certified TRUE COPIES OF ALL such aff/ evidence , and admit in LIST OF DOCUMENTS, in other cases .
rupeshgangurde
(Querist) 27 October 2013
thank u sir. I did it but it happens not only in trial courts but also in appeal too.
prabhakar singh
(Expert) 28 October 2013
Pointout and highlight contradictions made.
Devajyoti Barman
(Expert) 28 October 2013
Contradictions always help the other. Always pray for such contradictions as the same would hep your case only.
If there is abject false statements to get undue advantage from court you can start criminal proceeding u/s 340 crpc against her.
Raj Kumar Makkad
(Expert) 28 October 2013
Contradictions shall definitely benefit the accused.
rupeshgangurde
(Querist) 31 October 2013
thanks Devajyoti Barman sir, sir may I ask u that in which court I can start proceeding under Crpc 340?
thanks once again
Rajendra K Goyal
(Expert) 01 November 2013
You can start proceeding under Crpc 340 in the same court.
Section 340 consists of four Sub-sections, relevant first sub-section is extracted below:
"When upon an application made to it in this behalf or otherwise, any court is of opinion that it is expedient in the interest of justice that n inquiry should be made into any offence referred to in Clause (b) of Sub-section (1) of Section 195, which appears to have been committed in or in relation to a proceeding in that Court or,
as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such
Magistrate; and
(e) bind over any person to appear and given evidence before such Magistrate."
