Impeaching the Credibility of a witness

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Offline Sonali_Rani

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Impeaching the Credibility of a witness
« on: July 27, 2015, 05:03:00 PM »
 When a witness appear before the court for giving his testimony then the adverse party may try to impeach the credibility of the witnesses. section 155 of the Evidence Act Enumerate the process of impeaching the credibility of the witnesses-

The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him:-

(1)   by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit;

(2) by proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence;

(3) by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted;

(4) when a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character.

If we notice the number four (4) among the above mentioned ways then we see that if any man is prosecuted for the rape or an attempt to ravish then the adverse party means the alleged Rapist may it shown to the court that the female who is Raped is a woman of immoral character. Under this section the position of the female is abrogated. it is the rule of common law system that until the guilt is proved the alleged person will be treated as innocent. then why in the case of sexual harassment the female will presume as immoral character?

Offline Ferdousi Begum

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Re: Impeaching the Credibility of a witness
« Reply #1 on: July 29, 2015, 12:03:32 AM »
Thanks ma'am.

Offline abduarif

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Re: Impeaching the Credibility of a witness
« Reply #2 on: July 31, 2015, 08:45:56 PM »
Ma'am, you have asked a very pertinent question. In fact, this section has been seriously criticized for for a long time now, but we do not see any response from the appropriate authority.
Abdullah Al Arif
Lecturer
Department of Law
Daffodil International University
Dhaka, Bangladesh

Offline Sonali_Rani

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Re: Impeaching the Credibility of a witness
« Reply #3 on: August 01, 2015, 04:33:08 PM »
 Sir, we have to shake the credibility of the authority.what is your opinion?