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Mohit Choudhary (Senior Software Engineer)     22 November 2010

Which One Declaraton is valid between Police station & Court

Hi

Have a nice day to Everybody@@

I have a blackmailing case againt me in session court.I have already posted a query before and got suggestion from Experts..Thx a lot. But now i have another query regading this.

According to FIR i used 930.. mobile number, But according to her declaration i used 99284.. mobile number along with her witness declaration in police station and declaraion is also signd with them all.Now if they will change the declaration in court  which one is valid among FIR , POLICE DECLARATION and COURT DECLARATION. Is it in the favour of me?

 

With Warm Regards,

Mohit Choudhary



Learning

 5 Replies

PARTHA P BORBORA (advocate)     22 November 2010

The FIR and the statement recorded by police are not treated as evidence in a criminal trial. It will be used for contradictions and corroboration of the evidence.

But the deposition given in a court of law shall be treated as evidence. But if the witnesses change their statement during trial, it will definitely contradict the version of FIR and Police statement as well as it will not corroborated with the FIR and Police statement.

Pl told your lawyer to point out those contradictions during cross- Examination of the witnesses as well as to confront those contradictions by the I/O of the case during cross examination of the I/O of the case.

it will be a good defence ofr you.

 

Mohit Choudhary (Senior Software Engineer)     22 November 2010

Thanks A lot Mr.Parthaprotim B.

"But the deposition given in a court of law shall be treated as evidence."

I have some coonfusion with this line.If i am Ok then..:-

The declaration papers has been deposit in the court.I got this point when i was reading that file which my advocate got from court.

Please give me clearification if i am wrong with this line.

Thx..

PARTHA P BORBORA (advocate)     24 November 2010

a statement on oath given before a court of law is a valid evidence. but a statement recorded by police is not treated as evidence. The FIR and the statement recorded by police shall be used to find out contradictions and corroborations with the statement recorded by the Court.

for example if in your case the Comt. deposed before the court that the mobile no is XXXXXXXXXXXX and in the FIR and in the police statement mobile no is mentioned as YYYYYYYYYYYY, it creats a major contradiction in relation to a vital fact. 

ashish lal (Advocacy)     07 December 2010

Mr Borbora is right

Mohit Choudhary (Senior Software Engineer)     07 December 2010

Have a Nice day to all!!

Thanks to Mr Borbora.


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