498a victim (Manager) 06 January 2016

Differance between signed statement of a witness and stateme

Dear friends,

Pl. clarify what is differance between a signed statement of a witness before enquiry officer and a statement given u/s 161 crpc before I/O in a 498a case.

Further, if the signed statement is admitted by the witness during his exam.-in-chief in the court and the same is marked EXIBIT,can its contents may be used during argument stage.

Thanks.

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Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 06 January 2016

161 CrPC statements - there is no sign of witness. Only IO (Investigation Officer) has collected such stories and signed by him and his companion only.

Signed document by witness in front of inquiry officer (IO and his companion during investigation) - are presumptions (As per section 80 of Indian Evidence Act).

Presumptions can be denied in the court by defense. After cross-examination of a signed witness in the court only it can be granted as solid evidence.

However, judgments comes on leading solid evidence from both prosecution and defense evidences only. For example, if persecution submits 4 solid evidences and defense submits 5 solid evidences and prove that prosecution has submitted 4 solid false evidences (By using Perjury, cross-examination, defense witnesses, documentary evidences and other way) then the judgment will become favor of defense.

Leading evidence is judgment.

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