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CoolingWood (engineer)     23 October 2014

Section 155 of evidence act

Hello Sirs,

 

During 498A case trial the PW.1/Wife said that every day the Husband/Accused-A1 was physically everyday present in matrimonial home between 27-APRIL-2008 and 18-MAY-2008 then caused harassment whereas as per the affidavit and evidence of Wife/PW.1 in CrPC-125 maintenance case the Accused-A1/Husband was not physically present in home for more around 17 days between 27-APRIL-2008 and 18-MAY-2008 with an intension to cause harassment/cruelty to get additional dowry from PW.1/Wife .... 

 

Also 

 

During 498A case trial the PW.1/Wife said that PW.1 used telephone/cell phone of Accused-A1 and her phone to speak with prosecution witnesses and parents of PW.1/Wife while the PW.1 lived along with husband whereas as per the affidavit and evidence of Wife/PW.1 in CrPC-125 maintenance case the Accused-A1/Husband never allowed PW.1/Wife to use telephone even to speak with parents of PW.1 and Others .... 

 

In these circumstances can Accused-A1/Husband can file petition U/s 155(3) of CrPC in 498A case proceedings to impeach the credit of PW.1/Wife evidence ......At present the 498A case is in Defence Evidence stage .....



Learning

 13 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 November 2014

Great !

 

 

File perjury for giving false evidence.

 

Sample petition is attached bellow.


Attached File : 535116793 perjury sample petition.doc downloaded: 135 times

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 November 2014

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 November 2014

You just want to contradict the witness with her previous statements. Yes, it is allowed. 

 

However, atleast in Point 2; i.e. regarding not allowing to talk to parents, I don't find any merit in contradicting.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com

CoolingWood (engineer)     02 November 2014

Dear Shonee Ji,

 

The first point can not be proved through contradiction but to impeach the credit of witness Section 155(3) of Evidence Act is required..... Section 145 of Evidence Act can be used to ONLY if wife says that she said the allegations in Crpc-125 CASE but not present in that case ....

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 November 2014

file a criminal complaint u/s 340 of Cr.P.C for an offence or perjury. it will be better

Sudhir Kumar, Advocate (Advocate)     02 November 2014

agreed with Mr Qureshi

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 November 2014

1. I don't agree with the calls of filing for perjury, it is too premature.

 

2. About impeachment, the witness can be impeached by his previous statement u/s 155(3). However, what do you understand from said impeachment? Do you think that like Impeachment of High Court Judge; the witness would be thrown out of witness box? No. It is a way to discredit the witness and no application can be made for the same. You can raise the said points in Arguments that the witness is not credit worthy. Not every contradiction leads to impeachment and the if the contradictions are minor or can be stated so because of way of speaking/ translations etc. such inconsistancies are ignored.

 

Regards,

Siv (engineer)     05 November 2014

Dear Sirs,

I see that perjury is appropriate but not intrested to file perjury prior to Judgement of 498A case ....

 

Dear Shonee Sir,

 

I agree with that every contradiction or thing may not considered for impeachment of credit of witness BUT with respect to material aspects such impeachment is maintainable. In mt case the alleged allegation as per 498A case version is that all accused lived EVEY DAY in matrimonial home for the duration of 22 days (matrimonial life of wife) then cause harassment/cruelty to wife.... WHEREAS as per the evidence affidaivt of wife in CrPC-125 maintenance case says that wife was left ALONE in matrimonial home without food and money for 18 - 19 days in the 22 days of matrimonial life of wife witn an intension to casue harassment and cruelty such that wife sell her property and give money to accused of 498A case ..... with these condtradicton do you say that impeachment do not attract ....

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 November 2014

Even if impeached what would happen. You would bring the same forth only in arguments.

 

Regards,

Siv (engineer)     06 November 2014

Dear Shonee Ji,

 

I am exploring the possibility of filing a petition prior to Arguments seeking impeach the credit of witness testimony because:

 

1). If impeached the credit of witness then no need t bring any defence side witneses in support of innocence of the accused ....this enables speedy trial.

 

2).Filing petition prior to Arguments enables any laccuna in the defence side and last minute suproses, through the final Judgement, would not comes.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 November 2014

In my limited knowledge and research you can not file such application for impeachment. 

 

In the process of finding short cuts sometimes we expand much energy and time that when enlightenment dawns we see that we have missed the bus. 

 

I have personally seen a person trying for perjury, kept repeating the same argument did not cross the witness even while repeated opportunities was given by court finally got his defense struck. Now he is in High Court and High Court has asked him to first clear the arrears.

 

So don't go hunting while your house is on fire. Rest, you have enough knowledge and wisdom yourself to decide whats best for you. If, I am not wrong, we have been discussing procedural aspects only for last 4 years in your case without any substantial results. 

 

Regards,

Siv (engineer)     06 November 2014

You said results not come... but it comes at end, but efforts are for Clear and Concerte Results before reaching end of case ...I agree with you that it is taking time. Do you have procedure to get results in short cut ?

Siv (engineer)     06 November 2014

Please understand that I am doing all necessary work that I shall do .... after closing the case no meaning to think about the work that is not done....


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