Evidence by witness
Singh
(Querist) 15 March 2014
This query is : Resolved
Hello sir,
There is one property case pending and now I need to prove Relinqushment deed and for this there were two witness but now only one witness is alive and I summoned it as court witness because earlier he was not ready to involve in any sort of court proceedings however now i tried to convince him and somehow he appeared on the court date after being summoned however the court was on leave on that day and his evidence was not recorded. Now I am having apprehension that opposite party may influenced him to give evidence against me or he would be not appear in the court on the next date which is after 4 months,
Could you please tell me the procedure how I would secure his evidence now before the court date so that afterwards he wont be retaliate from his statement or opposite party wont impact him.
Please suggest could i take evidence by way of affidavit duly signed and attested by oath commissioner or any thing else so that he wont be back out from his statement even if he wants to do so in future.
Please suggest as court date is very far and I am having apprehension that opposite party may do any act to distort my witness.
ajay sethi
(Expert) 16 March 2014
you can prepare his affidavit of evidence . file it on next date in court
Singh
(Querist) 16 March 2014
hello sir,
Thanks for the reply but he is summoned witness so could we prepare his evidence on affidavit.
suppose even if after filing affidavit he would become hostile in court and depose against me then whether that affidavit has some value or not.
ajay sethi
(Expert) 16 March 2014
inorder to prove relinquishment deed you need evidence of one of the AW . prepare his affidavit . if he has sworn statement on oath he would not like to contradict him self in court . you have to take the risk
Biswanath Roy
(Expert) 16 March 2014
It will be better if you can obtain a Declaratory Affidavit sworn before a 1st Class Judicial Magistrate affirming his statement on oath. After this affidavit if the deponent witness submits any thing contrary before the court it will attract criminal offense and the deponent shall be under imprisonment.
Guest
(Expert) 16 March 2014
You have not stated whether you are the petitioner or defendant in the case?
Rajendra K Goyal
(Expert) 16 March 2014
Agree with the experts, get an affidavit duly sworn before Ist class magistrate and submit. Risk involved but seems least risky.
Surrender K Singal
(Expert) 16 March 2014
BR suggested suitably but other side can get him summoned for cross examination ?
Biswanath Roy
(Expert) 16 March 2014
Suitable and appropriate answers relating to deposition of the facts as contained in the deposition by the witness can be taught by the Advocate competent for taking part in cross examination.
T. Kalaiselvan, Advocate 
(Expert) 16 March 2014
Whatever precaution you may take, if the other side is capable of breaking all your efforts, you cannot do anything about it. You cannot prevail upon the other side or the witness to speak in your favor, hence even if the witness has deposed his evidence on a sworn affidavit, he still can turn hostile while stepping into the witness box or can deny the entire event during cross examination by the other side, therefore it depends on the spade work you undertake in this regard to preserve your witness.
Biswanath Roy
(Expert) 16 March 2014
From our regular practice we are experiencing hostile witness but IF THE WITNESS DECLARES BY OATH BEFORE A MAGISTRATE SOME FACTS AS TRUE TO HIS BELIEF KNOWING SUCH BELIEF IS FALSE in that case the hostile witness can come under the purview of sec.191 IPC AND SHALL BE PUT BEHIND THE BAR.DOES THE WITNESS TAKE THAT RISK FOR HIS PERIL?
