Witness changing statement in court
Querist :
Anonymous
(Querist) 14 May 2022
This query is : Resolved
If multiple witnesses changes the statement in the court which is completely different from chargesheet, does court consider them as admissible.
In the chargesheet, i see below.
Witness 1 said the crime occurred at 2 AM
witness 2 said the crime occurred at 2 AM
witness 3 said the crime occurred at 2 PM
witness 4 said the crime occurred at 2 PM.
Now if the witness 3 and 4 say that it is 2 AM does the court permits these statements as they are deviated from witness statements recorded by police during chargesheet?
Dr J C Vashista
(Expert) 15 May 2022
In this situation i.e., all witnesses stating incident occurred at 2 am and prosecution/ IO also submitted same time) the evidence of witnesses will corroborate prosecution and the Court will rely upon it.
N.K.Assumi
(Expert) 15 May 2022
The first task is whether all those witnesses from 1 to 4 are prosecution witnesses or the Defnse witnesses: Secondly, whether you have gone through the statesments recorded under Section 161 CrPc.
Pradipta Nath
(Expert) 15 May 2022
Court is bound to record statement of witnesses. If witnesses statement differs, the accused will get acquitted on the doctrine of benefit of doubt. It will be hard for the prosecution to establish his case!
N.K.Assumi
(Expert) 15 May 2022
But what will amounts to contradictions, based on which the court will form its judicial opinion and reasoning
?
Dr J C Vashista
(Expert) 16 May 2022
What is your locus standi / concern with the facts posted ?
SHIRISH PAWAR, 7738990900
(Expert) 16 May 2022
Hello,
As per me, the court may consider this as a typing mistake. And ultimately witnesses 3 and 4 stated that the offense occurred at 2 am. Witness no. 1 and 2 are stated in court and charge sheet as 2 am. You may point out the contradiction to court.
N.K.Assumi
(Expert) 18 May 2022
Two witness deposed that it was 2 A.M while the other two as 2 P.M. Now, under what povisions of law a court can persumed that it was all 2 AM and the other two as typing mistake?
Pradipta Nath
(Expert) 18 May 2022
Court will record statement of every witness as given in the CS. The defence counsel need to highlight the drawbacks.
N.K.Assumi
(Expert) 18 May 2022
But if that contradictory is in defense favor why should the defense point out that? perhaps the defense counsel might hasve engineered that contradictions in witness statements, no one knows?
Pradipta Nath
(Expert) 19 May 2022
Unless the defence highlight it by suggesting negetive questions, how can he take advantage during argument!
N.K.Assumi
(Expert) 19 May 2022
here is no law that states that defense counsel should corroborate with the Prosecution witnesses or vice versa, ours is adversial systems of criminal justice.: and what about the Judge presiding the proceedings? or is it a case of sleeping judge through out the proceedings? Don't ever entertain the slightest idea of filling the loop holes or the missing link in the chain of evidence of the prosecution by the defense not to speak of corroborating the prosecution evidence, otherwise it will be a startling proceedingsw unknown to our Adversial Criminal Justice
