Testimony of co accused is a corroborated statement evidence and not a strong evidence 

he can be negated and denied 

yes it will be helpful 

1. It is possible for an accused to be a prosecution witness, the ultimate decision on the credibility and weight of their testimony lies with the court.

2. The co-accused should make a request in writing to be a witness in the same case but that he will thereby render himself liable to cross examination.

In the cross examination you can extract the facts.

3. That is a matter of trial.

You can cross examine your cousin during trial 

testimony of his siblings will be helpful 

1. Conviction cannot be sustained on sole evidence of co-accused. Court will look at other independent evidence  against the  
2. You can very much claim that he is influenced by the complainant to get benefit of doubt.
3. His evidence DV will not be of much value as he is accused in criminal case.
4. There is no need to produce any evidence of his collusion as the  facts speak for itself. Court will take note of his conduct.

His testimony will discard. 

Yes, interested witness.

Yes.

1. As per law, an accused shall be called as a witness only if he voluntarily requests in writing to be a witness.

- Since, his name is there as an accused , then his deposition that he is innocent and the other person i.e. your brother is only accused in the case cannot be a ground for his acquittal in the case. 

- Further, when he will appear as a witness then you will be given chance to cross examine him 

2. Yes

3. Yes, 

Dear client, in this type of situation where the accused turns into prosecution witness you can question the credibility of the witness.

If the accused can be made witness in the same case, then the accused should request in wriritng to be the witness. After being the witness the evidence of him will not hold strong.

The statements of brothers of your cousin will be helpful.

Hello there,

Here are some general principles that may guide you in understanding the situation:

1. If your cousin turns witness against your brother in the rape case in which he is a co-accused, the court will assess the credibility and reliability of his testimony. The fact that he may have come under the influence of the opposite party could be a factor that is considered by the court in assessing his testimony. However, ultimately, it will depend on the evidence presented and the overall credibility of his testimony.

2. In cases like Domestic Violence (DV), if your cousin turns as a new witness, the same principles would apply. The court would consider the circumstances under which he came forward as a witness and assess the reliability of his testimony. Again, the fact that he may be under the influence of the opposite party could be a relevant factor in this assessment.

3. If your cousin's brothers are willing to testify that he is under the influence of the opposite party, this evidence could potentially be helpful in supporting your position. However, the court will still need to independently evaluate the credibility of this testimony and its relevance to the case at hand.

for more information, you can connect with me and if you are satisfied with the answer, kindly click on 5 star.

Regards,

Arunkumar Khedia

Advocate Bombay HighCourt