Now that the charge sheet is already filed and the case is already being prosecuted and statements of witnesses are being recorded by the court during trial, there is no scope for improvement in the charge sheet. Even seeking further investigation may not be practical at this stage.
If your statement in court differs from your statement recorded by police and given along with the charge sheet, then the accused will get opportunity to point out contradictions in the earlier statement recorded by police. This will show as if you are improving upon your earlier statement. It may sometimes be harmful to the prosecution case. So, you have to take a call.
However, you are free to state before the court whatever is the true version of the incident. Bring all the true facts to the knowledge of the court through your evidence. There may be some contradictions with your previous statement recorded by police, but then if you are stating the truth, don’t worry about those contradictions and leave it to the court. Explain all the contradictions to the extent possible in the most cogent and consistent manner. If the lawyer for the accused asks you in cross-examination that your previous statement recorded by police does not contain this or that fact, then say truthfully that you had stated those facts to the police (if you had done so, as you have mentioned) but it appears that the police did not record them.
Remember that ultimately it is your statement in the court which is finally read in evidence, and the statement recorded by police can only be used for pointing out contradictions.
Being complainant, you can have your private lawyer who would then have to assist the public prosecutor. But, it is not mandatory for you to engage your private lawyer. Without a private lawyer also, you can state the truth in your evidence before the court, which you must.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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