admissible of witness's statement
abdul rahaman
(Querist) 02 December 2009
This query is : Resolved
If the indepedent witnee knows only Tamil language and does not know the English language and become the witness of the accused statement written in English and do the signature. Whether such witness is acceptable under law.
2. If the remand report of the police contain the name of the witnesses ex.Mr.X and Mr.y , where as the witness Mr.y deos not give statement and new witness Mr.D gives witness. whether the statement of the witness whose name is not in Remand Report will acceptable by court? If not what is the legal weightage to such case.
adv. rajeev ( rajoo )
(Expert) 02 December 2009
In the cross examination it can be questioned to the wittness regarding the knowledge of english and what has been written in his statement.
It is not remand report it is charge sheet. Only after the completion of the investigation charge sheet will be filed along with the list and statement of wittnesses.
joyce
(Expert) 02 December 2009
wittness whos name is not mentioned in the chargesheet cannot be a wittness to the case, unless his statment is annexed there with in the chargesheet. such wittness is not acceptable by the court unless prior statment recorded by such new wittness. rest I agree with Rajeev.
Raj Kumar Makkad
(Expert) 02 December 2009
in response to your first quarry I am of the opinion that the statement of such person who knows only Tamil whereas his statement has been recorded in english and he signs it, is wholly admissible in evidence. It isnot the language but the statement which is to be taken into consideration. In India literacy rate is still below 45% and 55% witnesses even dont know even a single language and they put their thumb impression against their statement and on that ground their statements cannot be regarded as not admissble as they dont know the language in which their statements have been recorded.
Now I come to your second quarry. Prosecution cannot bring any additional witness during the evidence and if it tries the defence counsel should oppose it with tooth and nails and should challenge such order passed by trial magistrate, if allowed.
