evidence act- contradiction and omission from 161 statement-HOW TO TBE MARKED ?
WHATSAPP 91-8075113965
(Querist) 07 March 2009
This query is : Resolved
dear sirs,
i would like to know some facts about examination of witnesses in the open court,with special emphasise on cross-examination .that is :
1.what actually is a "CONTRADICTION " AND what actually is an " OMISSION " in the deposition of a witness.?
2.if a witness deposes against / deviates from/ omits from his previous statement,how i should mark such portion ?3.should i put a question that "YOU HAVE NOT GIVEN SUCH A STATEMENT EARLIER TO POLICE U/S 161 CRPC ?
4. THEN , SHOULD I ASK THE SAME QUESTION TO THE INVESTIGATION OFFICER THAT WITNESS HAS NOT GIVEN SUCH A STATEMENT TO YOU DURING INVESTIGATION ?
5.AN INCIDENT WAS WITNESSED BY A SOLE INDIPENDANT WITNESS. COMPLAINANT AND OTHER WINESSES ADMITS THAT " HE " HAS SEEN THE INCIDENT.BUT, HE WAS NOT MADE AS A WITNESS IN THE PROSECUTION CASE.NOW, DURING TRIAL,I WANT TO ASK "WHY HE WAS NOT MADE AS A WITNESS".TO WHOOM ,I CAN PUT THIS QUESTION ? TO THE INVESTIGATION OFFICER OR TO THE CHARGE SUBMITTING OFFICER ? ie, WHO IS THE PERSON HAVING THE POWER TO ADD/ ARRAY/DELETE WITNESSES.....INVESTIGATION OFFICER OR CHARGE SUBMITTING OFFICER ?
PLEASE EXPLAIN IN DETAILS .
ALSO, SUGGEST ME, SOME RULINGS OF HIGH COURT AND APEX COURT.
WHICH PORTION OF EVIDENCE ACT SAYS ABOUT ALL THESE FACTS ?
6. MY LAST QUESTION IS THAT WHETHER A JUDGE/ MAGISTRATE CAN REFUSE TO NOTE DOWN THE QUESTION BY A COUNSEL AND ANSWER BY A WITNESS, ON THE GROUND THAT IT IS IRRELEVANT TO THE CASE ON HAND OR THE MAG /JUDGE HAS TO WRITE ALL QUESTION AND ANSWERS, AS MANDATORY ?
THANKS SIRS SALILKUMAR
ADVOCATE
THALASSERY-670101
09447536929
K.C.Suresh
(Expert) 09 March 2009
For Omission you have to repeat the entire omission which is not in the 161 statement but deposed by the witness in the box.
For contradiction in the tatement you have to mark it as an exbt subject to proof with the IO who take down the statement.
The omission of the name of a meterial witnesses should be put to the Charge laying officer and the importance of the witness to be asked to the Investigating officer.
Detion, add and array is upto the charge officer. In the court to givenup the witness is with the Prosecutor.
The presideing officer can reject the question as irrelevant and unnecessary and ask to the defence to substantiate the necesity and relevancy. Chapter X of IEA
A. A. JOSE
(Expert) 09 March 2009
I agree with Mr.Suresh.
