I filed 498-a case against my husband.inn161 examination statement part-2 I & my witnesses have given all correct details.when police sent it to court they changed the relationship of witnesses, dates but in part 1 and charge sheet they have sent correctly.now I filed a petition in the same court for rectification of part 2 by police.now the pp is saying that the charge sheet to be changed as per part 2.if I do as per pp advice the case filed by me go to dogs, hence I have not agreed.now pl guide as how I have to proceed further what are the court law I have to mention and details example of citations.so that I can check up proceed further
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Your case involves illegal and motivated changes intentionally made in the statements recorded under section 161 of the CRPC to weaken your case. You have already moved an application in the court for rectification of mistakes committed by the police in part II. This act on your part shows that you have already brought the correct facts on record before the Honourable Court. You will also have the opportunity to clarify this position in your deposition before the court. The statements recorded under section 161 CRPC before Police are used only to contradict the witnesses by the accused, otherwise, these statements are not a legally admissible evidence as per law. It would be better if you also make a written request in this regard to the Senior Superintendent of Police (SSP) concerned and Secretary Home highlighting the conduct of the police regarding changes made in the ‘relationship of witnesses and dates’ with the request to advise their subordinate officers to do the needful and present the challan correctly. PP also works under Home Secretary/Director Prosecution, so his wrong action/suggestion can be taken care of by his superior authorities as mentioned above. At the time of your actual deposition before the court, you can also record in your deposition/clarify, the steps taken by you for correction of the wrong doings that will save you from making contradictory statements on oath in the court. If you also meet personally the Home Secretary and SSP with your representations, both of them can help you in presentation of correct charge sheet and they may also initiate disciplinary action against their subordinate staff i.e. Investigating Officer of your case/PP. For winning your case, you have to ensure that there should be no material contradictions, Omissions or Improvements in your statement/statement of your witnesses. All the best.