498a trial - 313 statement
PT
(Querist) 06 April 2013
This query is : Resolved
Hello Sir,
I am one of the few refusing to submit to legal extortion and continue believing in the law of the land.
After Chief Examination of prosecution witness PW1 to PW7, instead of recalling witness for cross-exam, my advocate is pushing for making a 313 statement basing on following merits
He has told me that there will only be brief questioning and all that I have to say is 'not guilty', 'allegations are false', 'allegations made with intent to harass' etc. Then immediately file different dockets of evidence in my support.
By this, my advocate says evidence will be on record and magistrate will have to take cognizance before writing the judgment. Alternately, if pushing evidence during cross there is possibility that it will be objected or unmarked.
Also my advocate does not want me to stand witness and be cross-examined until and unless it becomes utmost necessary.
I have following questions:
Q1)Can I cross exam PW1-Pw7 after my 313 statement
Q2)Is this really called 313 statement as all I am going to do is answer magistrate question says 'allegations are false' and file my documentary/ photo evidence
Q3) If required can I take the witness stand later on to provide complete stmt and be crossed.
Q4) Complainant wife has hired private pleaders. Can these pleaders get access to ethe evidence that I am filing. Can they take a copy of the same from file.
I understand that downside is some of the evidence may give away defence strategy. Appreciate your response. Regards
Devajyoti Barman
(Expert) 07 April 2013
1. No you can not.
2. yes you have deny the charges
3.No
4.yes
Try to complete cross examinations in a day or two so your defence may not e disclosed.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 April 2013
This type of dilemma is with most of the accused.
When your case is being handled by an advocate let him /her do it in the manner now being done. Because you are not aware of the procedures and latches ahead.
For example you want to come in witness box to tell your story but any advocate even a junior can demolish your story by simple cross and what ever efforts done earlier by your existing advocate will be washed away.
I find this every where particularly in cheque bounce cases where accused in over confidence spoil the normal winnable cases.
Adv. Chandrasekhar
(Expert) 07 April 2013
Your advocate is doing beautiful job. Mistrusting him is sin.
Q1)Can I cross exam PW1-Pw7 after my 313 statement
No.
Q2)Is this really called 313 statement as all I am going to do is answer magistrate question says 'allegations are false' and file my documentary/ photo evidence
Yes.
Q3) If required can I take the witness stand later on to provide complete stmt and be crossed.
In some cases accused required to give evidence and in some cases it is harmful to his case to appear as witness. It depends upon the evidence led by the prosecution and the quality of evidence lying with the accused. If the evidence led by prosecution is itself does not prove the charges, why should one take risk of putting the accused in the witness box? Let your advocate decide this situation.
Q4) Complainant wife has hired private pleaders. Can these pleaders get access to ethe evidence that I am filing. Can they take a copy of the same from file.
Yes. Certainly.
