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India is great (Service)     19 March 2015

Can chief be different and additional from petition

Respected Members

1.   During the  examination in chief can witness PW1 ( Refer Wife @ 498A case) is allowed to add more allegations ( additional allegation/ charges ) in front of Hon. Judge ? ( The allegations which are not reflected in actual Petition U/S 498A { Private Complaint: 156(3)} )

Illustrations: in 498A petition it is never mentioned that there was a demand of Dowry.  however to add more spice can wife say in witness box  that there was a continuous demand for  dowry 



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 3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 March 2015

She can tell what ever she wishes in the witness box. You need to cross her properly.

 

PW1 is the valid evidence (False Evidence) as per Indian Evidence Act.

 

This is the right time to sue Perjury and 190 IPC against her for willfully giving false evidence in the same court where the trial is going on by showing the contradictory statements. Also cross properly in Perjury and 190 IPC petition.

 

I also have clearly mentioned in my posts below that all cruelty is not chargeable U/s 498A. The cruelty must fall under Clause A & B.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

1 Like

T. Kalaiselvan, Advocate (Advocate)     21 March 2015

@Querist:  This is the place where they do the mistakes out of curiosity to mete out harsher punishment to the accused.  This is going to be fatal to their own case, hence allow them to do more such mistakes and bring to record the contradictions observed, this will help you to tackle the case with more ease.

However, be informed that you should drill her with related question during cross examination based on the circumstances which would not only help you to prove her false statement but also to get acquittal.

1 Like

Adv k . mahesh (advocate)     24 March 2015

at the witness box the she can plead more allegations and also will plead court will submit petition with more allegations here only with such major mistakes caught in the court and this point can be used to come out 


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