Ravi (a) 07 March 2016

498a witness statment

hello ,

PW2 (MIL) gave her deposition in 498a court. i saw the deposition and in that she mentioned and admitted that PS (IO) didnt examine her and didnt record her statement.

PP took court's permission to cross her and it is recorded in PP cross with her is that police examined her and recorded her statement.

Is this valid in court of law? how this can go in favor of me? is it not false witness and false evidence?

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4 Replies

SOLOMON.RAJ (advocate/director) 08 March 2016

Dear Mr. Ravi,

Your wife might have not known the meaning of recording of the statement or examining her. recording of statement is done by the Investigation officer who is if the rank of sub inspector and the statement is recorded as oer 161 of the criminal procedure act which normally will be done after the registering of the first information report based on the prima facie.

Please ask your lawyer to look into the court file or obtain a certified copy of the statement which any how your lawyer would be needing in the course of trial.

As you rightly said it amounts to misrepresentation of the facts and if it is a fact then you have to bring it to the noticxe of the court wherein the Hon'ble courts may initiate criminal proceedings as per the Indian Penal code provisions for deposing falsely in the courts.

Advocate, High Courts of A.P. & T.S.

Recipient of BHARAT GAURAV SAMMAN AWARD,2014,

Director, Justice League,

General Secretary,U.C.C ,State of Telangana,

Vice President, Minorities Right Forum,

Member, Advocates International,

National Joint Secretary, Christian Legal Assn. Of India

Indian Ombudsman, U.E. Of Unites states of America,

National Vice president , All Indian Christian's Council,

Email:rajcarey@yahoo.com, justiceleague367@yahoo.com

Ph:+91-9866545086.

Ravi (a) 14 March 2016

Dear sir,

thank you for yuor reply.

my wife filed a private complaint on us in 498a court and the police filed a chargesheet with 156(3) statements.

pw1 - my wife - already provided her chief and cross completed.

pw2 - my MIL - who deposed that police didnt examine her and did not record her statements in her chief. PP crossed her after court's permission and pw2 finally claimed that police examined and recorded her.

i want to know if pw2 depostion is valid. is it not false evidence? does this come under perjury actions?

SOLOMON.RAJ (advocate/director) 16 March 2016

Dear Mr. Ravi there is a need for you to rpove that your wife deposed falsely , if you bring it to the notice of the court and prove that she deopsed falsely the court will punish her under sections 191 of the Indian Penal Code. Yu can file a memo before the Hon'ble Courts bringing it to the notice of the court