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rakesh sss (operater)     24 August 2011

Contradictory statement

1.are contradectry statement made by petitioner is helps respodent?

2.in 498 pw1 says polis complaint dowri given is 500000/- but at court she says 345000/-.pw2 says dowry is 500000/-.is this contradectory.

3.can pw1 made new alligations at court difer to chargsheet.



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 5 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 August 2011

I guess you are fighting 498-a/ 406 case.

 

The dowry given has nothing to do with harassment/ cruelity meted out to wife under 498-a. For 406, they would have to prove conclusively that any such property (money-jewels etc) was given. It is not just a matter of statement, rather a fact.

 

Don't concentrate too much on it. All contradictions go in your favor. So it would help you in 406. But concentrate on defeating her claims of torture and demand.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Adv. Chandrasekhar (Advocate)     25 August 2011

Only contradictions of material facts will help the accused.  Contradictions on not relevant facts may not alter the fate of the case.  

3.can pw1 made new alligations at court difer to chargsheet.

No. Cannot.  If out of the proven facts, new offence emerges, the presiding officer can punish the accused on the new offence, subject to that new offence is less severe than the offence for which the accused is tried.


 

kuldeep kumar (lawyers)     26 August 2011

very shrewed advice by last expert.....

Siv (engineer)     05 September 2011

Hi, Any contradiction is useful for the accused/respondent in the following way: 1. Make that contradiction is the fact connected to the alleged allegation so that as per Evidence Act, the fact connected to the allegations is flase hence the allegedallegation is false. 2. If wife or witness makes contradicting statements such that both are not possible to occur in practical then file perjury before your case is closed then make then go jail. 3. Use contradiction/omision/different version for misleading you till trail is reached and for maing the evidence to loose by the police and you. 4. Use contradictions to cross examine the police by asking his decision for not confirming the contradictary version as false/true at the investigation stage and filing the case agains tge the fasle informant. others may add some more...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 September 2011

:-)

 

Depends on what the contradiction is. Is it material fact which is being contradicted, or mere way of mentioning is diffirent.

 

SC has ruled in many matters, that minor contradictions should be ignored.


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