whether omission some matarical fact in 161 cr.p.c statement amounts to contradiction ?
V.V.Ramadas
(Querist) 06 April 2013
This query is : Resolved
Sir/Madam,
In a particular case 436 IPC the informant has catagorically mantioned in his FIR that the rioters set fire to his house and for which two motor cycles , one is Rajdoot and another Bajaj Discovery whose registraton Numer xxxxx and xxxxx were also burnt along with ohter house hold artcles but did not stated the said fact in 161 Cr.P.C statement. During course of his eveidence before the Court he has stated that his motoer cycles were also burnt. During cross examination I draw the attention of the witness and put him that "you have not stated before the I.O that your motorcycles were burnt"- the court has not allowedsaid me to put said contradicion and stated that the same can not be a contradiction as the same is avilable in the FIR. So now my quary is whether the same can be a contradiction or not ? whether the said question can be put to the witness or not as per 145 evidence act ? Please answer.
Devajyoti Barman
(Expert) 06 April 2013
I do not think you need to contradict as the contradiction can be referred to from the charge sheet itself as to what has been stated therein.
Just try to get the statement from the mouth of the witness.
Raj Kumar Makkad
(Expert) 06 April 2013
You have every right to put a question out of statement recorded under section 161 CrPC and can also contradict it, however, no specific benefit shall go in your favour as the witness is the same who got lodged his FIR. His FIR shall be regarded as his statement. Had the witness be some other person than the informant then you might have obtained maximum benefit out of such contradiction.
V.V.Ramadas
(Querist) 07 April 2013
Raj Kumarji Many many thanks. You have given appropriate answer.
