Section 145 of IEA : Section 145: Cross-examination as to previous statements in writing

Explanation using Example

Example 1:

Scenario: A car accident case where the witness gave a written statement to the police.

Details:

• Witness: Mr. Sharma
• Initial Written Statement: Mr. Sharma stated in his written statement to the police that he saw the red car running a red light and hitting the blue car.
• Court Testimony: In court, Mr. Sharma testifies that he saw the blue car running a red light and hitting the red car.

Application of Section 145:

• Cross-Examination: The defense lawyer cross-examines Mr. Sharma and asks him about his previous written statement to the police.
• Contradiction: The defense lawyer points out the contradiction between Mr. Sharma's written statement and his court testimony.
• Attention to Writing: Before proving the written statement, the defense lawyer calls Mr. Sharma's attention to the specific part of his written statement where he mentioned the red car running a red light.

Example 2:

Scenario: A theft case where the witness gave a written statement to the police.

Details:

• Witness: Ms. Gupta
• Initial Written Statement: Ms. Gupta stated in her written statement to the police that she saw the accused, Mr. Verma, stealing a gold necklace from the jewelry shop.
• Court Testimony: In court, Ms. Gupta testifies that she saw Mr. Verma stealing a diamond ring from the jewelry shop.

Application of Section 145:

• Cross-Examination: The prosecutor cross-examines Ms. Gupta and asks her about her previous written statement to the police.
• Contradiction: The prosecutor points out the contradiction between Ms. Gupta's written statement and her court testimony.
• Attention to Writing: Before proving the written statement, the prosecutor calls Ms. Gupta's attention to the specific part of her written statement where she mentioned the gold necklace being stolen.