Civil Procedure Code (CPC)

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AS   15 December 2015

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?



 17 Replies

Sudhir Kumar (Dy Director)     16 December 2015

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.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 December 2015

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. 

SAINATH DEVALLA (LEGAL CONSULTANT)     17 December 2015

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

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 December 2015

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. 

Sudhir Kumar (Dy Director)     17 December 2015

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.

AS   17 December 2015

Sudhir Kumar thanks for advise. I will not go for my winess

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     18 December 2015

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. 

SAINATH DEVALLA (LEGAL CONSULTANT)     19 December 2015

The wisdom of advocate prevails in presentation of the defence in the court of law than that of the accused/respondent

SAINATH DEVALLA (LEGAL CONSULTANT)     19 December 2015

Fever and cough can be cured by ones ownself but not cancer and aids,U have to approach a doctor for getting cured.

SAINATH DEVALLA (LEGAL CONSULTANT)     19 December 2015

Its left to the fate of the querist,for the final outcome of his case listining to the valuable advices and suggestions of the Non legal members.

AS   19 December 2015

Well Guys stop it.

Simple - Both A and B are lawyers, So both have different views.

I agree many lawyers are money eaters but alll are not after all we all work for money/

Even i do my home work like realing judgements , law , writing arguments etc ..But no doubt lawyers are required to fight criminal case . I can not consider myself as expert.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     21 December 2015

My opinion is,

Lawyers increases problems rather giving solutions.

Fighting cases in-person gives lot of metal relives.  

 

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

T. Kalaiselvan, Advocate (Advocate)     25 December 2015

In my opinion there is nothing wrong in you deposing evidence as DW1 and also rope in other witnesses from your side to support your plea and enable to get out of the case by an acquittal. A little care and home work will take you out of the fear or hype created by others in this connection.

T. Kalaiselvan, Advocate (Advocate)     25 December 2015

In my opinion there is nothing wrong in you deposing evidence as DW 1 and also rope in other witnesses from your side to support your plea and enable to get out of the case by an acquittal. A little care and home work will take you out of the fear or hype created by others in this connection.

In fact this will give you chance to bring out the true color or actual face of the defacto complainant while you express the truth behind her false complaint in the form of your own evidence. 


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