(Querist) 18 March 2015
This query is : Resolved
Sir, My wife filed a false 498A case against my mother & me and now the Evidence is closed from the girl side and cort order to files 313crpc and told us to give our statement before the court but I think that I want to file a petition before the court and request him to allow us to stand some witness from our end before giving our statement u/s 313 crpc & want to give our statements at the end of the complete of our witness. Is it possible and is the court allow to do so, please advise and if yes have you send us any format to file that requisition petition for our witness before the court please.
(Expert) 18 March 2015
Your surmises are wrong or you have been wrongly advised. The court is following the appropriate procedure. You need not give any statement; only the court will put questions to you esp. on the evidence that appears to be against you. This would be helpful for you to present the evidence, if any, on your behalf.
(Expert) 19 March 2015
Yes, you can file petition to examine witness on your behalf. However in criminal cases defence does not bring witnesses as burden of proof lied solely on prosecution.