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jack (nothing)     24 September 2016

Clarification on omissions and hearsay evidence

Hi Experts, i would like to know whether the following scnerios come under omissions and hearsay evidance. 1) Omission : PW1 the statement which is not in 161 statement and/or FIR copy and witness(PW1) depose in the court. which is confronted the witness in cross with question "whether the same statement is deposed infront of police(IO)" witness says yes . the same statement when we ask IO he says NO. is it come under omission? Also another witness PW2 deposed same statement in court but it is not in her 161 also. is it come under corrabiration with PW1 and PW2? 2) Hearsay : PW2 deposed in court "she is aware of all allegation through PW1 and she dont have any personal knowlege". but same allegations which PW2 saying PW1 also depose in the court as defendent.is it PW2 come under Hearsay witness? is there any corrabiration between PW1 and PW2 thought PW2 is hearsay? Thank You.


Learning

 2 Replies

adv.bharat @ PUNE (Lawyer)     26 September 2016

Jack

1) Yes

2) Yes There is no such corroboration among them.

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jack (nothing)     29 September 2016

Thanks Bharath, I will do. In my case 80% of story is omissions and hear say. Based on this conviction possible? Is there good apprication of evidance in criminal law for omissions?all omissions proved through IO(to contradict with witness statement ) but judge did not consider IO evidance at all and says witness did not accept that she did not deposed infront of IO. And also says error in investigation is not fatal to procuction. Is it come under error in investigation(statement which is not in 161 statement )?

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