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Siv (engineer)     08 December 2014

How to call a person as witnesses not as dw

Hi All,


In 498A case the wife said in cross-examination that wife forgot the phone numbers of her parents on which alleged communication done about the alleged harassment. Whereas the fact is that the wife not made any phone call during that alleged date and time hence I wanted to examine the parents of wife to disclose:

1). Phones used by wife and parents of wife during the alleged dates/times.

2). The people used the telephones that are in the outgoing calls records of the phone of parents of wife .

For this purpose what is the mechanism to make the wife parents as witnesses (but not as Defence Witnesses) to the case  .....I do not want them as defence witnesses being they may telll different story than the truth ...

 7 Replies

AS   09 December 2014

Her parents will come as PW not as DW.

When they come for PW , you can ask them any question in cross.

Siv (engineer)     09 December 2014

Already prosecution evidence is colsed .... now case is at defence evidence stage

AS   09 December 2014

1. Not sure if this is possible.

2. Even if possible , dont call them as DW , if they come as DW then you will be in soup.

Siv (engineer)     09 December 2014

Even if they come to court then I can make then HOSTILE ... by cotradicting the statements of these people with respect to statements made before police and another courts ...

Siv (engineer)     09 December 2014

such circumsatnces are common in criminal courts because even the Prosecution Side witnesses become HOSTILE by not favoring the Prosecution Side

MohanK-700 (Architect)     09 December 2014

If she has forgotten her parents number   then what about her number ?

Also, in a criminal case it is duty of prosecution to create strong case with appropriate proofs. 

Vague allegations will not  make strong case  as they don't have any boundaries.

Siv (engineer)     09 December 2014

Agree with above post that it is duty of prosecution to create strong case with appropriate proofs WHEREAS in the case I am discussint the court asked the Accused questions U/s 313 of CrPC which are not referring the phone numbers of either wife or parents of wife .... Hence I am planning to file petition U/s 243(1) read with section 313, 212, 240 of CrPC seeking the details of the phone numbers to submit written statements by accused U/s 243(1) and/or 313 of crPC ....


Wife also said in cross-examination that wife do not remember the phone number of wife and also her parents which were used during the alleged time period....

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