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During the investigation, Neharika told the police officer that she saw Dheeraj shooting Darius dead.…

The defence can confront Neharika with the recorded police statement if the difference amounts to a contradiction. An omission can qualify when it is significant and…

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During the investigation, Neharika told the police officer that she saw Dheeraj shooting Darius dead. This statement was reduced to writing. Following this, during the trial of Dheeraj for Darius' murder, Neharika stated in her examination in chief that Dheeraj first punched Darius and subsequently shot him dead.

[Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 provides: “A witness may be cross examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.”]

Can the defence counsel during cross examination ask Neharika whether Dheeraj punched Darius before shooting him?

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Answer and explanation

Correct answer A

The defence can confront Neharika with the recorded police statement if the difference amounts to a contradiction. An omission can qualify when it is significant and relevant in its context, but every added detail is not automatically a contradiction; the court decides that factual question. The test does not require the omitted matter to be a fact that the defence itself must prove, so that extra qualification does not state the governing rule.

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