Statement of PW's
Om Prakash Dhusia
(Querist) 21 December 2010
This query is : Resolved
Sir, this being the law of the land that when police GD(Roznamcha in Hindi belt)cites some name as PWs and writes PW's statement in GD although police is not duty bound to record as such but if it records,it becomes PW's true statement before police and a copy of it is sent to the area magistrate and the SP but later on when PW doesn't speak the same story as in the GD, he can or is declared Hostile, in the court and subjected to Examination-in-chief by the prosecutrix.Now here is the game:
a)If PW narrates the same story during EIC but feign memory lapse on certain vital points,namely date,place and time etc, will it still be admitable for conviction?
b)If PW speaks totally adverse during EIC to what is recorded in the GD, thereby absolving the accused,will it be construed as helping the accused thereby not admitable in the court and the same GD story would be admitted for conviction?
c)If PW improves his previous statement on another occassion during deposition in the court and defence failed to cross examine the PW, will it be treated fatal for the accused?
d)If PW deposes that the statement made in the court was on certain instructions from the interested but on second date he retracts that sentence, his new statement would be considered or he will be declared un-trustworthy for conviction?
e)And if PW keeps on adding in every sentence that I told this,I told that,and If it is not there in my statement by IO, it is not my fault.Will that statement by police in GD be considered as FABRICATION OF EVIDENCE?
Clarify please.
adv. rajeev ( rajoo )
(Expert) 21 December 2010
If anything contradictory to the statement given to the police by the wittness wont be considered by the court.
s.subramanian
(Expert) 21 December 2010
Any sort of contradictions and embellishments in the evidence of the witnesses will result in acquittal.
Guest
(Expert) 21 December 2010
Word 'Evidence' is defined in sec. 3 of Evidence Act.Statement u/s 161 Cr.P.C. recorded by police are not evidence.Sec. 162 Cr.P.C. explained the Use of these statements and need not be signed by the witness.
Arun Kumar Bhagat
(Expert) 26 December 2010
Word 'Evidence' is defined in sec. 3 of Evidence Act.Statement u/s 161 Cr.P.C. recorded by police are not evidence.Sec. 162 Cr.P.C. explained the Use of these statements and need not be signed by the witness.
