Character of witness
Arvind Singh Chauhan
(Querist) 01 November 2012
This query is : Resolved
Please refer provision or citation, that character/ previous history of witness is to be considered while assessing truthfulness of his statement.
Wether a person who has done so many fraudulent act is reliable witness ?
Raj Kumar Makkad
(Expert) 01 November 2012
Section 145 of the Indian Evidence Act provides that 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 ased for the purpose of contradicting him. In the instant ease we may emphasize once again that the attention of Vaikunthlal was not drawn to those parts of the first information report which are sought to be used for the purpose of contradicting Vaikunthlal's testimony in Court. In the case of Bal Gangadhar Tilah v. Shriniwas Pandit, 42 Ind App 135 : (AIR 1915 PC 7), the Judicial Committee of the Privy Council considered the effect of the provisions of Section 145 of the Indian Evidence Act. There whet happened was that the High Court had considered the effect of certain documents which were brought on record as substantive evidence and the High Court disbelieved the oral testimony of the witnesses in the light of those documents on record. Lord Shaw of Dunfermline, delivering the judgment of the Privy Council observed at page 146 of the report (!nd App.) : (at p. 11 of AIR) as fOllOWS:-
"A further mischance in point of procedure must now be mentioned. As already stated, the testimony of the plaintiffs' witnesses is not contradicted orally, and is Internally a consistent body of evidence. But various minutes and documents are the subject of minute analysis, observation, and comment by the learned judges of the High Court with a view to rebutting It. Their Lordships think it right to observe that, in view of the serious nature of the verdict of the High Court, they have considered it within their province themselves to peruse the documents. Having done so, they are of the opinion that, taken together, they completely confirm the case made in the wit-ness-box, and that there is no ground, in fact, for the conclusion that they either contradict the testimony or cast any reasonable doubt upon It.
Arvind Singh Chauhan
(Querist) 02 November 2012
Sorry Sir I am unable to elaborate my query or unable to understand the answer ??
Just let me try again.
Whether a man who has sold the lands in the name of another disguising himself and has accepted his photograph on registered sale deeds, before court. To what extent his statement in court is reliable, in the matter of 125 Cr.P.C.
prabhakar singh
(Expert) 02 November 2012
You are advised to read carefully The Indian Evidence Act, 1872,PART I
RELEVANCY OF FACTS,Character when relevant,sections 52 to 55 and then come back
with confusions ,if any.
Devajyoti Barman
(Expert) 02 November 2012
Yes , follow as advised above.
I do not think his past conduct is of much relevant in the 125 case.
V R SHROFF
(Expert) 02 November 2012
You may sake Witness's reliability by providing those information during his cross exam.
