Charector of the witnesses when relevant ?
Adv M.D.Azhar
(Querist) 13 March 2012
This query is : Resolved
Dear sir, If the witnesses are habitual to give the deposition in the courts and numbers of cases registered on them and if they are giving the deposition in the case of murder so is it admissible?
we filed a R.T.I application regarding the cases registered on them and according to the rti report numbers of cases have been registered on them.
is there any relative judgments of the s.c. court on the same issue, it will be very useful bcs we are going to argument in the said case please.
Ajay Bansal
(Expert) 13 March 2012
No benafits can be got by you on these scores.
Raj Kumar Makkad
(Expert) 13 March 2012
The credibility of such witness shall be under cloud but this is not conclusive proof to totally discard the evidence of such person.
Deepak Nair
(Expert) 13 March 2012
please search in www.inadiakanoon.com for judgments
ajay sethi
(Expert) 13 March 2012
IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : INDIAN PENAL CODE
Date of decision: 06.01.2012
CRL.L.P. 533/2011
STATE ..... Petitioner
Through : Sh. Sanjay Lao, APP.
versus
MUNAZIR ALAM @ MUNNA ..... Respondent
Through : Nemo.
Law recognizes
following ways in which evidence of a witness can be termed unreliable; (a)
the witness’ statement is inherently improbable or contrary to the course of
nature, (b) his deposition contains mutually contradictory or inconsistent
passage, (c) he is found to be bitter enemy of the opposite party, (d) he is
found not to be a man of veracity, (e) he is found to have been bribed or
accepted any other corrupt inducement to give evidence, and (f) his
demeanour, while under examination, is found abnormal and unsatisfactory.
Adv.R.P.Chugh
(Expert) 13 March 2012
A Stock witnesses is not a credible witness - his credit can be impeached as per S.155 of the Indian Evidence ACt
PARTHA P BORBORA
(Expert) 13 March 2012
as per sec 155 evidence act to impeached the credit of a witness needs to fulfil some conditions viz by proving that the witnesses has been bribed or by proof of former statement inconsistent with the present one or when a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutix was of generally immortal character.
Shonee Kapoor
(Expert) 14 March 2012
Agreed with experts and you are always welcome/
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com