Criminal Trial- How To Prove Contradictions? Gauhati High Court Answers

The Gauhati High Court recently upheld the order of a trial court wherein it had rejected a plea on the ground that the defence side had failed to prove the contradictions of the witnesses in accordance with law. While examining the validity of such conclusion recorded by the learned trial court, the division bench of Justice Suman Shyam and Justice Robin Phukan relied on Section 145 of the Indian Evidence Act, 1872, which laid down the manner in which cross-examination of the witnesses was to be made as to any previous statement made in writing.The Court relied on the case of V. K. Mishra and another Vs. State of Uttarakhand and another where the Supreme Court had the occasion to consider the correct manner of proving contradictions as to any previous statement made by a witness. The Apex Court in that case had held,"Under Section 145 of the Evidence Act when it is intended to contradict the witness by his previous statement reduced into writing, the attention of such witness must be called to those parts of it which are to be used for the purpose of contradicting him, before the writing can be used. While recording the deposition of a witness, it become the duty of the trial court to ensure that the part of the police statement with which it is intended to contradict the witness is brought to the notice of the witness in his cross-examination. The attention of witness is drawn to that part and this must reflect in his cross-examination by reproducing it. If the witness admits the part intended to contradict him, it stands proved and there is no need to further proof of contradiction and it will be read while appreciating the evidence. If he denies having made that part of the statement, his attention must be drawn to that statement and must be mentioned in the deposition. By this process the contradiction is merely brought on record, but it is yet to be proved. Thereafter when investigating officer is examined in the court, his attention should be drawn to the passage marked for the purpose of contradiction, it will then be proved in the deposition of the investigating officer who again by referring to the police statement will depose about the witness having made that statement. The process again involves referring to the police statement and culling out that part with which the maker of the statement was intended to be contradicted. If the witness was not confronted with that part of the statement with which the defence wanted to contradict him, then the court cannot suo motu make use of statements to police not proved in compliance with Section 145 of the Evidence Act that is, by drawing attention to the parts intended for contradiction."In the instant case, the High Court found that the defence counsel had failed to invite the attention of the witnesses to any previous statements in writing so as to contradict the witnesses. Therefore, it was of the view that the defence could not be permitted to avail the benefit of such alleged contradictions, if any, in the testimony of the prosecution witnesses.These developments came in an appeal against conviction which was preferred by five appellants assailing the judgment and order dated 11.03.2019 passed by the Additional Sessions Judge, Sonitpur, Tezpur in a case where charges were framed against the accused persons under sections 302 read with section 149 of the IPC.The trial court had sentenced each of them to undergo rigorous imprisonment for life and also to pay fine of Rs.5000/- each and in default, to suffer rigorous imprisonment for three months each.The trial court had held that the prosecution has succeeded in establishing the charges brought against the appellants beyond reasonable doubt, both by direct evidence of the eye-witness as well as by the circumstantial evidence. It had further held that the deceased was last seen together with the accused persons and therefore, the circumstance of "last seen together" would also be an additional link in the chain of circumstances which would support the prosecution case.Furthermore, the defence counsel's argument that the testimony of the prosecution witnesses were full of inconsistencies and material contradictions raising serious doubt on the prosecution story was also rejected by the court below when it held that those were minor discrepancies which would have no bearing in the prosecution case. The trial court had thus held that the defence side had failed to prove the contradictions in the testimony of the prosecution witnesses by following the due procedure laid down by the law.The High court went through the statements of all witnesses as recorded before the trial Court. It was found that during his cross-examination the I.O. had brought on record certain contradictions in the testimonies of a few prosecution witnesses. Since these contradictions were heavily relied upon by the defence side so as to impeach the prosecution case, the Court dealt with them in greater details.The...

Criminal Trial- How To Prove Contradictions? Gauhati High Court Answers

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