regarding importance of testimony of witness in criminal case
gangesh
(Querist) 02 August 2011
This query is : Resolved
1.if their is a delay of 8 days in recording statement of a witness by police under 162 in criminal case and he is a eye witness ,then does the court gave any importance to the witness statement in the court if the same statement is made before the court as that in 162 statement.
2.If due to carelessness ,the police has not recorded the whole statement as narrated by the witness to the police under 162 and then the witness gave his full testimony in the court . so does the court gave importance to the testimony of the witness or the court will discard the testimony of witness assuming it as improvent in the statement from 162 as given to police . if their is improvement in the statement then,does the court consider the statement or discard its testimony
Raj Kumar Makkad
(Expert) 03 August 2011
Importance is given to the statement given in court but if its major part is improved then definitely it becomes fatal for prosecution case.
Arun Kumar Bhagat
(Expert) 13 August 2011
1. Eight days delay is not a major delay.
2. Any addition or improvement in Evidence in Court shall be kept aside from consideration at the time of passing judgement.