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