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What is considered as a material omission?
03-Jan-2025 (In Criminal Law)
During examination in chief if the witness lies she only made oral complaints in the past. But the witness has created backdated complaints that were signed and submitted by that witness against the accused in response to his complaint in the past. During cross-examination can we show those complaints true copies to witness if she denies can that be treated as material omission? If not is it treated only as a contradiction?
Dear Sir,
Yes, you can confront those back dated complaints and take benefit out of it. The Court will give weightage of about 10 percent in respect of such material omissions committed by such party. Apart from this you have to demonstrate before the Trial Court on other merits of your case and accordingly take admissions from the other side to win the case.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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