additional written statement, is projecting only additional defence and not any inconsistent defence from the original written statement. Even if it is an inconsistent defence ... defence from that of the defence taken in the original written statement. Moreover, adding a new ground of defence or substituting or altering a defence
taken note of the inconsistent defence taken in the cross-
examination and also taken note of the answers elicited from the
mouth ... petitioner
and the complainant and afterthought only in the cross-
examination inconsistent defence was taken and nothing is
averred in the chief evidence regarding loss
resulted in the accident. But
in the 313 statement, a inconsistent defence was setup by
the accused to Question No.23 asserting that left rear ... different
defence was setup.
26. Interestingly, accused has not entered into
witness box and led any defence evidence. However,
considering his inconsistent defence he would
Statement, the Second Defendant is making an attempt to take
an inconsistent defence. On a perusal of the materials available on
record, I find that ... defence from that of the defence taken in the original Written
Statement. Moreover, adding a new ground of defence or substituting
or altering a defence
Therefore, it is
clear that accused has taken inconsistent defence and even
such inconsistent defence was never put to P.W.1 during
cross-examination ... hand, he has taken inconsistent defence and even such
inconsistent defence was never suggested to P.W.1, when
general denial of the ₹6 lakh loan. Such a shifting and inconsistent
defence undermines its own credibility and fails to meet the
"preponderance ... having duly considered and rejected the accused's inconsistent
defence, cannot be said to have erred in their appreciation of facts or
application
over by the accused to Mr.Gajendra.T.R. Therefore,
the inconsistence defence taken by the accused, which does not
Judgment ... also lent Rs.10
lakhs to the accused, therefore, whatever the inconsistence
defence taken by the accused, it revealed the other transaction
purely held between
accused is not deposing truth accused is
entitled to take inconsistent defence. The complainant has to
prove his case beyond reasonable doubt. On the other ... doubt. There is no bar under the Criminal
Jurisprudence for taking inconsistent defence and as the
accused has taken inconsistent defence, his defence cannot
defence
evidence led by the accused / DW1 he has taken
inconsistent defence in this case. That itself is sufficient
to hold that the accused ... that
the accused himself received Rs.60,000/- from the
complainant, inconsistent defence taken by the accused
in his oral evidence is not acceptable
Trial Court failed to appreciate that the accused has
taken inconsistent defence in the notice under Section 251 Cr.P.C.
and further ... That Ld Trial Court failed to appreciate that varied and
inconsistent defence of the accused failed to rebut the
presumption even on the preponderance
