Legal Question in Criminal Law in India

Intersted witness

There is a criminal case amd mr A is a prosecution witness.He had given statements earlier to RBI and one to regional Manager .He has given a statement to the police as 161.There are some major variations in these three statemnts.He had modified the statements to protect himself.If he had not given such a statement,he would hve been in the accused list.No one is to corraborate his evidence.The procedure told by him is also against rules.Can his statement be taken in the face value?Is he an interested witness?


Asked on 10/06/08, 12:03 pm

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Intersted witness

Your facts are incomplete. The value of a statement depends upon its contents after the witness has deposed in the court and has been cross-examined.

You have not mentioned about trial?

Read more
Answered on 10/06/08, 8:29 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Intersted witness

he cannot be said to be an interested witness as you stated, he could have been an accused instead. to my mind, he is an "approver" of the prosecution. you may find contradictions in his statements at various levels when cross examining him and evaluate the veracity of his witness.

Read more
Answered on 10/08/08, 3:18 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Intersted witness

depends on what he deposes in the court

Read more
Answered on 10/09/08, 8:33 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Intersted witness

Before commencement of trial and during framing of charge, a statement is to be taken at face value.

However, if the reading such statement, if one can point out that same is contrary to the express provisions of law, then no value can be attributed to such a statement.

Read more
Answered on 10/07/08, 2:10 am


Related Questions & Answers

More Criminal Law questions and answers in India