False witness
JM
(Querist) 25 November 2012
This query is : Resolved
I am accused of a false attempt to assault, disturb the peace, extortion, etc because I've been cheated in a property dispute and had filed a complaint against these people.
The false complainant against me has produced 10 witnesses, who are all close relatives, and they claim they are all eye-witnesses. There is no MLC, of course. All of them say I demanded and took the amount of Rs.15 lakhs which is actually still due to me in cash.
I live in the same city but did not go anywhere near them. In fact, I was in the presence of the same IO registering my property dispute complaint. It looks like the IO has been bought over by them as he is constantly shouting at me and refuses to acknowledge I was with him. I see some citations of the form "witness cannot be judge" but I am not sure if it would help here.
The other thing is that I obtained cell tower details unofficially by paying someone that show one witness was in a different city at the time of the alleged incident.
How can I use this to make it admissible evidence and quash the case against me?
Grateful for any help or ideas.
Devajyoti Barman
(Expert) 25 November 2012
At the time trial you can summon the mobile company official to prove the cell tower location.
Your presence before the IO is also vital proof in your favour.
Raj Kumar Makkad
(Expert) 25 November 2012
As IO shall never acknowledge your presence with him at the relevant time of occurance so you shall have to base your case upon your own cross-examination of the false witnesses. If more witnesses are examined, the possibilities of major contradiction in their evidence increase manifold. So more witnesses are in your favour if the preparation to cross-examine them is done mindfully.
Guest
(Expert) 26 November 2012
The witnesses are interested witnesses. The law requires the court to examine the testimony of such witnesses with utmost care.The judge has to examine the testimony like a hawk and separate grain from chaff. Your lawyer can impeach the credit of these witnesses in cross examination. A lot depends on an effective cross examination.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
V R SHROFF
(Expert) 26 November 2012
once u prove it is interested witness, the reliability is questioned.
Evidence may or may not be considered.
