Correction of clerical mistake while recording the statement

oh budhav srivastav why r u  harassing the girl without no reason

READING THE WHOLE THREAD IT SEEM SRIVASTAV IS  PERPETRATOR ,   NOT SONAM SHE IS QUITE CLEAR TO  SAY YOU TO  GET OUT OF THE THREAD BUT YOU SEEM  TO  GET MORE INVOLVED ABUSING THE GIRL AND GET SAME IN RETURN . 

As per your query I observed that when there is any correction in deposition, which the witness was not spoken but the court recorded wrongly, how to rectify the mistake.?  If this is the query, once a witness has signed the deposition copy, the witness wants to make some corrections in the deposition recorded by the presiding officer, it cannot be corrected by the court as intended by the witness. But in some situation the party can file petition before the Court U/S  151 CPC seeking correction of the witness deposition.  It is not the Law that deposition once taken can never be corrected. If an error has crept in, it is the duty of the Court to rectify such error if it is brought to the notice.  File petition under section 151 cpc and ask the court to rectify the mistake. If you want I will provide the Judgment.

 

The Rocking Lawyer

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292

 

Whether deposition in Criminal Cases can be corrected or not ? As per my opinion is YES. With referring to Kerala High Court as observed by me in the year 2001, Magistrate allowed to correct error in deposition. Under Section 311 Cr.P.C. The party have to explain the circumstance under which the mistake was committed. For the sake of Scenario The Complainant filed case dishour of cheque of Rs. 30,000/- but the complainant deposed that cheque was for Rs.16,000/- . In this case request of complainant explained the circumstance under which mistake was committed the court allowed under section 311 Cr.P.C. It was not the case where complainant was trying to fill up Lacuna in prosecution. Now coming to the present case there is typical error in the deposition. The party can recall the witness under section 311 Cr..P.C.for the above mistake.

 

The Rocking Lawyer

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292

 

Manoj sir... My witness on the day of his evidence he said exactly what he saw through his eyes.. But lower court judge recorded something diff as his statement The typewritter who was typing the statement did not read the statement or the copy of it was not given in the hand oF my witness to read and then sign .. Second , as the recorded statement was not over read to my witness we came to know about manipulate statement only when we got certified copy in hand . So now in certified copy of the case we found statement of my witness is not as he narrated in from of judge. so without any dues we want to move application for immediately correct ..for example if my witness say name of accused is romit singha .. But in record it is mentioned as sumit pawar.. So now we have to inform the court through witness that he had never taken name of sumit pawar nor mentioned any of his role in the crime. This thing has to correct .. And next is .. He had said many thing which is still not in record for example if 6 person are accused and he witnessed all of them then he had explained role of each of 6 accised seperately .. But in certified copy nothing is mentioned like 6 accused seperate role in act .. Who did which crime .. Etc. Now when we moved application she the judge is saying she cannot add everything what my witness had said as there is some limitation to judge.. I dont understand the last sentence ... What is limitation of judge...? That she cannot add all the point in records even when the point is expalining the facts of each person crime seperately? And therefore i said she is biased ..

Manoj sir... My witness on the day of his evidence he said exactly what he saw through his eyes.. But lower court judge recorded something diff as his statement The typewritter who was typing the statement did not read the statement or the copy of it was not given in the hand oF my witness to read and then sign .. Second , as the recorded statement was not over read to my witness we came to know about manipulate statement only when we got certified copy in hand . So now in certified copy of the case we found statement of my witness is not as he narrated in from of judge. so without any dues we want to move application for immediately correct ..for example if my witness say name of accused is romit singha .. But in record it is mentioned as sumit pawar.. So now we have to inform the court through witness that he had never taken name of sumit pawar nor mentioned any of his role in the crime. This thing has to correct .. And next is .. He had said many thing which is still not in record for example if 6 person are accused and he witnessed all of them then he had explained role of each of 6 accised seperately .. But in certified copy nothing is mentioned like 6 accused seperate role in act .. Who did which crime .. Etc. Now when we moved application she the judge is saying she cannot add everything what my witness had said as there is some limitation to judge.. I dont understand the last sentence ... What is limitation of judge...? That she cannot add all the point in records even when the point is expalining the facts of each person crime seperately? And therefore i said she is biased ..

 

Some times when the witness is in witness box, during cross examination if there is any adverse to the accused and his explanation would help the court in evaluating the evidence properly. The Court should bring the same to the notice of the accused to enable him to give any explanation or answers for such adverse circumstance in the evidence. Generally the court should not allow the counsel to ask the witness Composite Questions. The prosecution should not ask the accused bundling so many facts together. The questions must be such that any reasonable person in the position of the accused may be in a position to give rational explanation to the questions as had been asked. There shall not be failure of Justice on account of an unfair trial.

 

Now coming to your case, the trial court always has discretion to limit explanations. However most courts freely allow explanation of answers during cross examination. Unless the witness explains his answer during cross examination his chance will be lost and some element of the truth will never be heard. As per my opinion and the proposed Law,  does not succumb to the argument that denying a witness the right to explain during cross examination keeps some element of the truth from the jury. As per your query witness wants to explain about all the six persons. The said explanation need not be recorded. Since witness would have filed his chief before the court. He would have explained the circumstances against six persons. The said explanation again need not be recorded through witness during Cross-Examination.  As the discretion by the court, the court would have limit the explanations. When the Cross-Examiner did not cross any portion of the chief of the witness, the said portion will be deemed to admitted by the other party. So you no need to worry regarding the above situation. But for typical error you can recall the witness under 311 Cr.P.C, and you rectify the mistake.

 

 

The Rocking Lawyer

V.E.Manoj Kumar

Advocate

Cell No. 8686159292

 

 

 

Manoj sir.. If 6 person are accused is it not important which person is involved an what he did in s*xual voilent act ? doesnot their role in this crime should be noted properly Seperately to punish the perpetrators accordingly? Should their name and their role in crime to be mentioned ? Specially when the Fir was reg after 16 month delay and out of these 6 accused 4 are left without filing any chargeshhet against them by police saying police did not find their role in crime? And these 4 are saying they were not present in the crime.. But my witnese not only took their names but also mention explain their role in crime and ask court to rectify the name of unknown perdon type by steno in place of the name of 4 accused and ask to direct the police to produce mobile tower location of each accused. But she is not ready to accept our MA and nor she gave my witness his statement copy to read or asked him to sign on his statement.

Manoj sir.. If 6 person are accused is it not important which person is involved an what he did in s*xual voilent act ? doesnot their role in this crime should be noted properly Seperately to punish the perpetrators accordingly? Should their name and their role in crime to be mentioned ? Specially when the Fir was reg after 16 month delay and out of these 6 accused 4 are left without filing any chargeshhet against them by police saying police did not find their role in crime? And these 4 are saying they were not present in the crime.. But my witnese not only took their names but also mention explain their role in crime and ask court to rectify the name of unknown perdon type by steno in place of the name of 4 accused and ask to direct the police to produce mobile tower location of each accused. But she is not ready to accept our MA and nor she gave my witness his statement copy to read or asked him to sign on his statement.

Manoj sir.. If 6 person are accused is it not important which person is involved an what he did in s*xual voilent act ? doesnot their role in this crime should be noted properly Seperately to punish the perpetrators accordingly? Should their name and their role in crime to be mentioned ? Specially when the Fir was reg after 16 month delay and out of these 6 accused 4 are left without filing any chargeshhet against them by police saying police did not find their role in crime? And these 4 are saying they were not present in the crime.. But my witnese not only took their names but also mention explain their role in crime and ask court to rectify the name of unknown perdon type by steno in place of the name of 4 accused and ask to direct the police to produce mobile tower location of each accused. But she is not ready to accept our MA and nor she gave my witness his statement copy to read or asked him to sign on his statement.