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Kiran (Consultant)     20 July 2010

Defence Witnesses in 498-A case

Dear Members,

My friend is undergoing a false 498-A case. The case is at 313 examination of the accused stage. His lawyer is saying that there is no need of any Defence witnesses and it is enough to say in 313 examination that they did not commit any offence.

His lawyer is saying that it is fatal to defence to have defence wintnesses. Is this statement true? If yes, how can it be fatal to defence?

Regards/Kiran



Learning

 5 Replies


(Guest)

I agree with Ld. Prabhakar advise.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     20 July 2010

Do agree with the views of my Ld. friends.

Kiran (Consultant)     21 July 2010

Dear Members,

Thank you for the updates..

Arup (UNEMPLOYED)     22 July 2010

mr prabhakar and your friend's advocate is correct. as the burdain of proof lies on proseqution, therefore not much open the mouth is a good strategy.

however sec 313 of crpc as bellow

313. Power to examine the accused.

(1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court- (a) may at any stage, without previously warning the accused, put such questions to him as the Court considers necessary ; (b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case : Provided that in a summons-case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).

(2) No oath shall be administered to the accused when he is examined under sub-section (1).

(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.

(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.


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