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ANEESH TRIVEDI (ADVOCATE) (Advocate)     10 August 2016

Evidence

I am accused in 498A case, now trial is in last stage in next advocates arguments are there.

In my defence i called witness for statements.

he correctly mentioned the facts all facts are correct but he miss the time of happenings

just instead of monts he sayed few week aftere accused went for medical checkup.......[ true is few monts say 4 months]

when mother in law left , wife left after a week [ true is aftere two days ]

this type of date he missed . he is outside witenss food seller. not so much familiear to family either wife or to me..

incident happened in 2009 . it is hard to remember all but he gave correct facts of going just by missing dates

my question is that: will this affect jugement?

his stemetns will not be considered....................... as he is fully outside and since 2009 he has not been in touch with husband or wife .

but he came for evidence this is his humanity .........any way legally he is in or out ?

what is effect of his such version the case is of 498A . only/

[ no immediate and hard cross from prosecution.... also no objection over his statement ]



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 4 Replies

saravanan s (legal advisor)     10 August 2016

noone can recall to the extent of dates on which the incident happened.so whatever you had mentioned wont be bothering much

ANEESH TRIVEDI (ADVOCATE) (Advocate)     11 August 2016

@ sarvanan s

thanks we in our group also thinking the same as facts are correctly mentioned even the witness is outsider just a vegetable seller how he can remember all?

inspite of that wife mohter herself told after giving her evidence that she cant remember all the things and she mentioned wrong months instead of august she told april and in her cross she also told i am not able to remember the things just befor two days what happened ?

ANEESH TRIVEDI (ADVOCATE) (Advocate)     11 August 2016

advocates arguments are left in next week after how many days the judgement will come?

will this is bind on me to convey the judgemnet to wife..

how many days i have to stay quiet before filling conter cases against wife?

just one recent and important counter case under sec 182 for this i have to file report in Police station or to file new case in court or court itself take congnizance against wife under sec 182

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     11 August 2016

The descripttion of the contradictions are not enough to render them substantial enough to help the other sides case. The said are minor discrepancies which have no bearing on the case as such. The testimony shall not be discared on this ground alone.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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