Changing of witness during trialunder190(1)/156(3)crpc
ashishvidyarthi
(Querist) 30 October 2013
This query is : Resolved
Esteemed lawyers kindly help me in following query: In a 498A case instituted under crpc 190(1)/156(3) can the prosecution present a witness for evidence under crpc244, who didn't give crpc161 statement,while not presenting the witness who gave crpc161 statements? If yes then can the accused ask(or compell) for cross examination of witness who gave crpc161 statement after charges are framed(in reference to crpc246).
There are material contradictions between wife's 161 statements and this witness's 161 statements.
Kindly give relevant sections of crpc/evidence act or any case law. regards ASHISH
ABDUL RAZIQUE
(Expert) 30 October 2013
Court while using a previous statement recorded under section 161 Cr P.C.,should bear in mind the restriction imposed under section 162 Cr P C.
Where the contradict statement mention or recorded by the witness and claimant, the case may be dismiss by the ld court.
ashishvidyarthi
(Querist) 30 October 2013
Abdul sir my query has not been touched upon.I request other experts to kindly give relevant repiy.
regards
R.K Nanda
(Expert) 01 November 2013
academic query.
ashishvidyarthi
(Querist) 01 November 2013
Thanks to all the experts for their wonderful replies.
Finally I could get the help in form of desired legal replies in my following query
91298.asphttp://www.lawyersclubindia.com/forum/Crpc161witness-vs-crpc244-witness-
regards ASHISH
