Contradictions during cross examination?
velmurugan
(Querist) 26 July 2015
This query is : Resolved
Respected Ld.Counsels,
It is a bribery case under sections 120B of IPc and sections 7,12,13(1) r/w 13(d) of PC act, following a ACB raid(not a Trap case-Accused were not caught redhanded),
The chargesheet has already been filled.and me,being one of the accused, received the copy of the same with its annexures including 161 statements of all witnesses.
while the ACB officials and the 2 independant witnesses(for post-raid proceedings only) are listed as prosecution witnesses,no statements of theirs is furnished alongwith.
In this case, how one can bring out contradictions during cross examination?
as there is no previous statement,except the Panchnama, signed by the independent witnesses.
thank you
Dr J C Vashista
(Expert) 27 July 2015
What is the opinion and advise of your lawyer? Proceed accordingly.
P. Venu
(Expert) 27 July 2015
It makes no difference. If the statement is recorded it will be made available. If not, their examination-in-chief would be recorded in the presence of the accused and their advocates.
Rajendra K Goyal
(Expert) 27 July 2015
Repeated:
http://www.lawyersclubindia.com/experts/No-statements-of-independant-witnesses-549956.asp#.VbXMOrOqqko
http://www.lawyersclubindia.com/experts/No-witness-statement-540026.asp#.VbXMc7Oqqko
dev kapoor
(Expert) 27 July 2015
Hi,
legally speaking police may record statements of PWs u/s 161 or 164 Cr.P.C and annex such statements with charge sheet being presented before a competent court.Accused has a right to received COPIES of such documents/statements & obviously may use for contradicting the PW or for allied purposes.If statements are not recorded and only oral account of their narration is taken down you have a right to cross examine PWs and refer to oral statement if he agrees at the time of making such admission before the court,on solemn affirmation.
dev kapoor
(Expert) 27 July 2015
Hi,
legally speaking police may record statements of PWs u/s 161 or 164 Cr.P.C and annex such statements with charge sheet being presented before a competent court.Accused has a right to received COPIES of such documents/statements & obviously may use for contradicting the PW or for allied purposes.If statements are not recorded and only oral account of their narration is taken down you have a right to cross examine PWs and refer to oral statement if he agrees at the time of making such admission before the court,on solemn affirmation.
velmurugan
(Querist) 27 July 2015
Thank you so much!
Sudhir Kumar, Advocate
(Expert) 18 August 2018
http://www.lawyersclubindia.com/experts/Presence-of-pleader-before-Framing-of-charge-526136.asp
http://www.lawyersclubindia.com/experts/no-Witness-statement-540026.asp
http://www.lawyersclubindia.com/experts/evidentiary-value-of-the-shadow-witnesses-540371.asp
http://www.lawyersclubindia.com/experts/Arguing-one-s-own-criminal-case-542391.asp
http://www.lawyersclubindia.com/experts/no-statements-of-independant-witnesses-549956.asp
http://www.lawyersclubindia.com/experts/Marking-defence-exhibits--551201.asp
http://www.lawyersclubindia.com/experts/contradictions-during-cross-examination--550226.asp
http://www.lawyersclubindia.com/experts/no-statements-of-independant-witnesses-549956.asp
Why are you spreading facts on different pages. You gain nothing out of it rather run the peril of getting wrong advise based on half facts.
