CASES OF RUSTIC PERSONS

Mr.Ajay

Obviousely !! you are correct in some cases and in my experience an illitrate person is more constant with his version in cross examination than literate person

Dear Friends,

I agree with your views, but at the same time Courts give their judgements by considering documentary evidences and the most of the times the judgements are based on the documentary evidences rather oral evidences. As documents never lie but humans do. It is we lawyers who tries to exploit the opportunity of illiterate parties.

regards

Dear Sirs,

Rustic people eventhough they are illiterate they stick on what they said and saw. They might have been over powered by muzzle, money etc. But not by influvance. About the illiteracy sir, literate performe poor than illiterate. for ex. Teachers, Advocates, Police. Teacher teach the students. They perform in that manner in the box. Advocate very cautious and put in trouble. Police is panic if he deviated his erlier versions. So what is about literacy. That factor is not important. Documentory evidence is always prevail over occular evience. Now the courts also give margin to rustic, illiterate parties.

The View expressed by Mr K C Suresh and other  friends is correct , and

illiterate person  statement will be  considered with required/ reasonable margin.

imperical current example : i have filed a writ petition against termination order that was issued on ground of absetiesm and order of CAT dismissing OA of a railways employee. he is a highschool fail (by appearance he can be traeted in illiterate category) and was working as domestic servant, at the officer's bagalow. he was appointed by competant authority on monthly basis. acording to him his bank passbook and ATM was arranged by his boss who kept these things in his possession and used to withdraw the money at his will. entire salary was also withdrawn by his boss after taking his signature on cheque. documents are still in possession of his boss and he can not remember a/c no.

apart from writ petition, if he is advised to lodge an FIR or to make a complaint u/s 156(3) cr.p.c how he will prove the facts? even he is not in a position to travell from his villege in Gorakhpur to the police station/ court in Varanasi where he was working.

on the contrary, here is another example of my personal case(me v. my illiterate uncle):

while i was busy in last rites of my deseased uncle who was our co-sharer as per family arrangement and  had also left a will in our favour , another uncle who was illiterate, took money from me for purchaging the items for brahmabhoj and shraddh karm. he pretended from the sellers that mr. x (me) is not in a position to pay cash and took the itemes on credit for few weeks.he used the money  given by me  in giving bribe to revenue authorities and get mutation in his favour and against me.

further in court  he would habitually made adjournment request . and when the court would impose cost on him he would ask to us(opposite Parties)  in open court to pay the cost dramatically presenting himself as so simple and innocent . many times the court would erase the "cost" word from the order. the litigation begun in 1983 ,  now pending as a Second Appeal and in routine course there is no likelyhood of its' hearing before 2030 - 2035.

what a wise use of illiteracy !