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Sing   07 December 2021

Criminal case property issue

Hi Lawyer before I post I thank you for all efforts you people helping. My query is below. 

Let me explain query. 

A, B, C filled a criminal case against 'D 'forgery and fraud of documents. Now case in trail. 

 

While A is framed as owner and B, C are eye witness in charge sheet.. 

Now B and C engaged with other people and created a some false documents saled to other person.. 

 

My question is what will be status of case and consequences? Since B and C are eye witness and now they are ignorin A. 

Is the sale deed valid since the pending of criminal case? 



 2 Replies

Megha   08 January 2022

Hi,

According to the Indian Evidence Act, 1972, any person competent to understand and give rational answers to question posed to them can testify in a court of law.  This has been provided in Section 118 of the Act.  

Additionally, you may also take cognicance of the fact that anaccused has the right to be presumed innocent until proven otherwise.  This theory of innocence also finds acceptance in Article 11.1 of the UN Declaration of Human Rights, 1948.  

Applying the above proposition it can be held that B & C, accused in another case cannot be barred from appearing as eye witnesses in the case at hand.

Best regards,
Megha

B.N.Raja Mohamed (ADVOCATE)     25 January 2022

Sale deed will not be valid and B and C have to be charged for creating a false document with a fresh cause of action. 


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