Witness statement
Querist :
Anonymous
(Querist) 31 December 2021
This query is : Resolved
Sir,
A witness to a sale deed in box in the court gave a statement that the executant of the deed read the deed and signed but in the cross examination he gave the statement that he do not know whether she can read and write ( that is, he do not know about whether she is literate or illiteterate).No other questions was asked by the cross examiner relating to the statement thereafter. Sir, here whether 145 of the evidence act is applicable to give an opportunity to the witness to bring it to the knowledge. Whether the statement in examination in chief that she read the deed and signed is valid substantive evidence.
I request advice to the above sirs
kavksatyanarayana
(Expert) 31 December 2021
I opine, in cross-examination what he said will be taken.
K Rajasekharan
(Expert) 31 December 2021
The witness says something in chief and his ignorance about it in the cross. In such a situation he proves nothing before the court at all. The court cannot make out any valid proof out of such an examination.
Attestation is not compulsory for a sale deed but there exists such a practice. The role of an attesting witness is zero in proving a document, like a sale deed, which need not be compulsorily attested as per law. But in the case of a Will the attesting witness had a definite role. Please see an article of mine on this issue at, https://lawwatch.in/attestation-unnecessary-for-many-instruments/
Section 145 deals with some other kind of contradiction which I have dealt with in an article at https://lawwatch.in/contradicting-a-witness-by-his-previous-statement/
Dr J C Vashista
(Expert) 01 January 2022
If the witness has resiled in cross-examination her deposition has no evidentary value.
Advocate Bhartesh goyal
(Expert) 01 January 2022
Testimony of witness is self contradictory so it has no evidentiary value.
SHIRISH PAWAR, 7738990900
(Expert) 01 January 2022
Hello,
Yes, this is a self - contradictory. Witness has deposed in the examination of chief that, she read and signed the deed.
Querist :
Anonymous
(Querist) 02 January 2022
Sirs, Thanks a lot for all the advices extended by the learned advocates.I will go by that.
