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rajiv ranjan (abcd)     25 February 2013

Crpc 161 statement

Sir/Madam,

My wife has filed a false dowry harassment case against me and my family under sections 498a, 406 and 323 IPC. The prosecution witnesses besides my wife are her parents and sister. Her parents and sister in their CrPC 161 statements have not mentioned any specific incident (although my wife has stated numerous in the FIR) and have only stated that they have given a lot of dowry at the time of marriage and that their daughter has been constantly tortured and harassed by me and my family for dowry. Now my question is  that during their examination in chief can the CrPC 161 witnesses narrate specific incidents to corroborate the ones mentioned by my wife in the FIR in the garb of elaborating what they meant by torture and harassment for dowry? If they can legally do so, then the entire objective and purpose of using their Crpc 161 statements to contradict them would be futile as they did not mention those specific incidents of cruelty earlier in their CrPC 161 statements. If there is any judgment which can help me in this matter, kindly mention the citation.

Regards,

Rajiv Ranjan.



Learning

 3 Replies

ashoksrivastava (scientist)     25 February 2013

Dear RAJIV Apexcourt has clearly ruled that" if a significant omission is made in the statement of a witness recorded under Section 161 of the Cr.P.C., the same may amount to a contradiction and that whether it so amounts is a question of fact in each case". regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 February 2013

No they can not improve on the 161 statements.

 

 

 

Regards,
 
Shonee Kapoor
www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com
 
Yahoogroups: https://groups.yahoo.com/group/sahodar 
 
If you don't fight for what you want, don't cry for what you LOST.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     27 February 2013

Dear Querist

you should searc through google, indiankanoon.com, Judis.nic.in


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