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Dev (NA)     23 January 2015

Discrepancies in statements given by wife in her 498a and dv




In a case of 498a, the wife gave her statement before the judge in these words:


"My husband and his sister were penetrating me with an iron-road."


Though she did not clearly state what kind of penetration with the iron-road it was. For example, was her v**gina or anus penetrated with the iron-road or was it something else that was penetrated on her body?


I have gone through the Copy of the Charge-Sheet and have not seen that statement mentioned anywhere. 


(Are statements given before the judge recorded or not? Can we fight back on the basis of false statements which were verbally delivered and were not given in writing?)


However, the same statement has been made by her in her DV but in some other words:



"One day my husband and his sister beat me with an iron-road. I pleaded much before them and then they spared me."



Can this poor husband make any good use of the above points?


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     26 January 2015

Yes, all these matters can be brought before the court as false by drilling her during the cross examination properly., provided they are false.

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