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nagarajan R (cashier)     22 June 2012

Action against witnesses

in my criminal case, some witnesses told lies in the court. Can i proceed against them as i got conviction because of them. Can i ask for lie machine testing for them. If so  where to apply for the same. I want to take action against them for their lies. I can prove this in court. My case conducted in district court and now appeal is pending in high court.



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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     22 June 2012

No if the court has believed their testimony and used that to convict you, then it means court has believed their testimony to be truthful and creditworthy. It also means that you were unsucessful in your cross examination to expose falsehood in their argument.

R Trivedi (advocate.dma@gmail.com)     15 July 2012

 Although appellate court do not generally consider new evidence at the stage of appeal, still please file an application with solid evidence which will indicate the lies of witness. High court has powers to entertain additional evidence at this stage, or revert the case to lower court for reassessment, but you may have to give convincing reasons why you failed in the first stage, and if at all you took up this matter during cross examination. 


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