Impeaching the credibility of witness
Prakash
(Querist) 07 May 2012
This query is : Resolved
Ld counsels,
will any and every contradiction of the witness with his previous statement render his testimony disbelieved.
Father-in-law made a statement under sec 161CrPC that he had spent his retirement benefits on the marriage of his daughter.
Before the income tax officer he had stated that all marriage expenses were incurred only from the salary of his daughter.
Is this contradiction material to render his testimony disbelieved. Also in the police complaint he has falsely stated his official designation he occupied while retiring.
Thanks.
Deepak Nair
(Expert) 07 May 2012
The contradictions in the statements are sufficient to disbilieve the statements of the witness.
R.K Nanda
(Expert) 07 May 2012
I agree with Deepak Nair.
Adv.R.P.Chugh
(Expert) 07 May 2012
Dear Mr.Prakash,
1. We in India do not follow falsus in uno falsus in omnibus (false in one thing false in totality) hence there is no general principle that on a contradiction or falsehood the testimony is rendered unbelievable, it is too circumstantial. It has to be seen what the falsehood was about, was it with respect to a fact in issue - eg : the very factum of harassment for dowry, or with respect to any other relevant fact. The first would demolish his testimony whereas the second would not.
2. As regards the contradiction that you have mentioned it appears pretty material and would put the court at watch in appreciating his evidence, but the exact effect and implication can only be judged in light of exact facts.
Feel free to talk !
Shonee Kapoor
(Expert) 08 May 2012
Only material contradictions can be used by the accused.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
