Statement of witness
dev kapoor
(Querist) 09 June 2012
This query is : Resolved
Sessions Judge convicted a witness while hearing rape case that she had given 'false statement' ON OATH?I am filing appeal but follwing qn are not clear for which I seek advice/guidance ?
1.Whether statement of a witness in criminal case is recorded on OATH or SOLEN ASffirmation?
2.What is the difference?
3.What is the law relating to Oath in Cr.P.C or Evidence Act or else?
4.Whether SJ cud himself convict PW whose statement u/s.164 Cr.P.C.was recorded by a Magistrate on OATH?SOLEMN AFFIRMATION?
5.Whether he could convict PW holding that sjhe had resiled from her statement recorded on OATH/SOLEMN AFFIRMATION bvy him during trial which is Contridictory of her statement u/s.164 Cr.P.C?
6.If there is NO PROVISION In the above Code/Act,whether in all/ordinsatry case a witness is administered OATH under the Oaths Act ?
7.Wasn't SJ obliged to lodge a complaint/FIR if he was of the opinion that PW was making a false statement in his court in contradiction to her statement u/s 164 Cr.P.C.?
Any other suggestion from worthy experts?
Regards !
Devajyoti Barman
(Expert) 09 June 2012
What is the actual dispute. Query with only academic interest is discouraged here.
R.K Nanda
(Expert) 09 June 2012
Purely academic query.Study law books.
SAINATH DEVALLA
(Expert) 11 June 2012
Mr.Kapoor
Your profile states that you are Hon.Sec,and your query is purely academic and not clear in expression.
dev kapoor
(Querist) 12 June 2012
Respected members,
I am greatful you are so caring & cooperative.
Regards
Shonee Kapoor
(Expert) 19 June 2012
Thanks but you have not clarified what is the actual query.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
