Civil Procedure Code (CPC)

Defence witness strategy


498a PW is going on and DW is about to Start.

One lawyer saying no main accused "No need to give your submission as DW1" because they opposite lawyer will cross you and might be he will trap you.

 

Another Lawer saying to main accused "You definately to give your submission as DW1" because you are not lieing and you have a plain and simple case and statements to make.Even o  opposite lawyer will cross you but you make simple statements and since you are not lieing you dont have to worry.

 

Advise me who is correct?

 
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Dy Director

Your query is vague. You have not stated whot your defending counsel say ------------- every wise lawyer avoids accuse d not to be witness and be available for cross-examination.
 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

It is the duty of all accused to prove complements (Both the STATE and Wife’s family) as false to make charge u/s 211 IPC against wife and compensation from the STATE by producing their relevant evidences (Witnesses and other evidences) to get relives on various aspects (e/g. maintenance, divorce, defamation, perjury etc).

 

Please see my posts in my profile links for more clues. 

 
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LEGAL CONSULTANT

U have to rely on the wisdom of UR defence advocate but not others.

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Originally posted by : SAINATH DEVALLA
U have to rely on the wisdom of UR defence advocate but not others.

 

My opinion is,

It is your case and you are fighting to prove your innocence as well as guilt of complainants.Your counsel is just representing you before the court of law. Nothing else.

 

Therefore, you have to rely on your wisdom only. You are the better person who knows the merit of the case very well.

 

So please instruct you counsel accordingly, if required, then fire your counsel and hire a new one at any stage of the case or represent yourself Party-in-person. 

 

Please see my posts in my profile links for more clues. 

 
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Dy Director

agreed with Mr Devalla. actually given facts do not indicate anything wrong in approach of your counsel. But that doe snot seem to be palatable to you. You seem to be in a hurry to prove charges against you by ensuring presence of prosecution witnesses.
 
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Sudhir Kumar thanks for advise. I will not go for my winess

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

I support 2nd lawyer in this case since only getting acquittal in the ground of benefit of doubt may not help you to get relieves on other aspects like maintenance, defamation, perjury, divorce etc.

 

Your target should be two –

 

  1. Prove your innocence.
  2. Prove complaint as false.  

 

Please see my posts in my profile links for more clues. 

 
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