Application of section 145 of evidence act
Querist :
Anonymous
(Querist) 21 April 2023
This query is : Resolved
Respected experts,
My query is regarding a false criminal case in which I have been implicated. I am facing the criminal trial.
The opposite party in due course of 2 years have repeatedly complaint against me in PMO, Governor office, NCW, NHRC and other constitutional offices and even in my office. All these letters are signed by the opposite party.
They have enclosed FIR and chargesheet as well with these complaints. In these complaints they have made several cooked up stories and even contradicted a lot from their orignal complaint.
Actually I want to know if I can use these letters under sec 145 of evidence act to contradict them in the process of trial?
kavksatyanarayana
(Expert) 21 April 2023
What is the reason to file a false criminal case against you? Did you not consult a lawyer in this regard?
Dr J C Vashista
(Expert) 22 April 2023
Section 145 of Indian Evidence Act provides for cross-examination of a witness, what do you intend to seek / prove / disprove from records sent by the opposite to authorities ??
What is the advise of your lawyer who is well aware about facts of the case ?
P. Venu
(Expert) 24 April 2023
Section 145 of the Evidence provides -
"145. Cross-examination as to previous statements in writing.—A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.1145. Cross-examination as to previous statements in writing.—A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him."
How the above provisions are relevant to the facts, that too, sketchy, posted?
