• Contradictory statement by Complainant in FIR and as a witness before the Court

Sir,
I'm contesting a criminal case u/s 420 since 1997. In fact a false FIR was lodged against me in a property case. As per contents of the FIR the Complainant failed to make balance payment within agreed time period and admitted that he was required to make the balance amount within 30 days and if failed earnest money paid by Complainant will stand forfeited by me the seller. In FIR he stated that on 24th of November 1997, he paid the initial amount and entered the deal. On 24th of December 1997, he reached at accused's house to make the balance payment. Later when he came to know that the time period for making the balance payment lapses on 23rd December 1997, he changed his statement while deposing as a witness on SA before the trial Court and said differently that he paid the initial amount on 25th of November 1997 so as to make good his wrong doings. Surprisingly the trial Court relied on his statement before the Court and accepted his version which was factually against the contents of FIR. Resulting conviction. Now my question is, as the contents of FIR are contradictory to the statement before the Court on SA, and the Court by relying on his later statement before the Court, which is in fact against the contents of FIR. My questions are:, 
1.Can we file complaint against him U/S 182 & 211 for contradictory statement in FIR & later as a witness before the Court? As both can not be true. 
2.I have been convicted but sentence of punishment is yet to be announced. Is there any possibility of matter can be stayed before announcement of sentence? 
3. Keeping in view the peculiar circumstances, are there any judgements which may help me to get the matter stayed by the honorable Sessions or High Court of Delhi? 
In fact the trial Court is an ACMM, seems to be highly biased and the amount involved is less than Rupees 2,60,000/- what could be quantum of sentence? As the maximum sentence U /S 420 is 7 years, can I be sentenced for above 5 years, so that I may not be eligible for Bail before the trial Court. 
Kindly help me as I am extremely worried. Regards ANIL BHATIA [deleted], [deleted]. 17 South Patel Nagar New Delhi 110008.
Asked 4 years ago in Criminal Law
Religion: Hindu

7 answers received in 1 day.

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8 Answers

1. There can be perjury case for false statement in the court.

2. Appeal/revision can be filed and bail can be taken pending same after the period of conviction is pronounced.

3. Sir the quantum of sentence shall be discrition of court but seeing the amount involved It may be less then 5 years and fine.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Any discrepancy between the FIR and evidence led by the complainant in the court has to be weighed in favour of the accused. This does not by any stretch of the imagination make him amenable to a prosecution under Section 182 and 211 IPC.

2. There is no question of stay against the pronouncement of quantum of sentence.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You can file complaint against the complainant for making false statement on oath

2) cas would not be stayed before pronouncement of sentence

3) you can rely upon contradictory statements to obtain stay in sessions court

4) you would not be sentenced for above 5 years

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dear Mr Bhatia

You can always appeal against the conviction and get the sentence stayed till the disposal of appeal. You do have a good case primafacie but there are other things also which need to be studied and considered such as complainant evidence, statement and cross of other witness you defence evidence etc to reply to ur othe queries.

Adv vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

Hi, once the quantum of sentence is announced it is advisable to file a appeal and bail in high court ... If the sentence is passed below three years , then you have a right to bail and it will be granted by the lower court without taking you in the custody ... The contradiction in evidence , definitely provides doubts to the prosecution story and the benifit of doubt should be given to the accused .. However , the lower court has failed to take it into consideration , the relief will be granted by the high court ...Thank you

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. On basis of the contradictory statement you can get the case in your favor and later after the judgment you may file a case against him, will not advise you to file the case during the pendency of the case.

2. No. You can only file an appeal after the judgment has been pronounced.

3. Kindly share the entire fact sheet, FIR etc in order to enable us too share some concrete judgment with you.

Regardsd

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir, please note that in the above facts and circumstances of your case, I accordingly advise you that you can immediately file a criminal appeal to the judgement given by ACMM.

In that you can take the plea that the lower judge didn't take this peculiar fact into consideration that once in writing a statement has been made then in a later case even if the personages another statement, in view of the contradiction between the two statements his earlier statement shall be considered. The lower court has overlooked this crucial fact and passed the judgment against you.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

1. No, it is not maintainable.

2. Once you have been sentenced, you have no chances for getting it stayed, you can challenge the same in the appeal only.

3. You may look for it while preferring the appeal.

The sentence to be pronounced by judge cannot be predicted.

4.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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