No witness statement
velmurugan
(Querist) 30 May 2015
This query is : Resolved
Respected Ld.Counsels,
In a bribery case under sections 120B of IPc and sections 7,12,13(1) r/w 13(d) of PC act following a ACB raid(not a Trap case-accused were not caught redhanded),
the chargesheet has alredy been filled.and me,being one of the accused, received the copy of the same with its annexures including 161 statements of all witnesses.
But no statements from the ACB officials as well as from the 2 independent witnesses enclosed.
my vakkil says ,since the 2 independent/shadow witnesses have never witnessed the alleged crime and they were only part of the raiding party.., they are only "interested witnesses" in the eyes of law .....and that is the reason for their statements ,not being furnished along with the chargesheet.
my question to the experts is this:
1)In this scenario,what is the evidentiary value of these 2 witnesses?
2)can great importance be attached to their testimony in court in convicting the accused?
Thank you in advance
N.K.Assumi
(Expert) 30 May 2015
Just ask your Vakil, who is in a best position to satisfy your legal query.
velmurugan
(Querist) 31 May 2015
Thank you...i would be however grateful to get learned counsels take on this...as i always got better clarification and legal advice here in this forum ...thanking u all once again
T. Kalaiselvan, Advocate
(Expert) 09 June 2015
The witnesses referred to by you will be evidentiary value or not will be decided only after their evidence deposition is completed, so wait for the trial to begin and see the outcome.
Rajendra K Goyal
(Expert) 27 July 2015
Repeated:
http://www.lawyersclubindia.com/experts/No-statements-of-independant-witnesses-549956.asp#.VbXMOrOqqko
http://www.lawyersclubindia.com/experts/Contradictions-during-cross-examination--550226.asp
Sudhir Kumar, Advocate
(Expert) 18 August 2018
http://www.lawyersclubindia.com/experts/Presence-of-pleader-before-Framing-of-charge-526136.asp
http://www.lawyersclubindia.com/experts/no-Witness-statement-540026.asp
http://www.lawyersclubindia.com/experts/evidentiary-value-of-the-shadow-witnesses-540371.asp
http://www.lawyersclubindia.com/experts/Arguing-one-s-own-criminal-case-542391.asp
http://www.lawyersclubindia.com/experts/no-statements-of-independant-witnesses-549956.asp
http://www.lawyersclubindia.com/experts/Marking-defence-exhibits--551201.asp
http://www.lawyersclubindia.com/experts/contradictions-during-cross-examination--550226.asp
http://www.lawyersclubindia.com/experts/no-statements-of-independant-witnesses-549956.asp
Why are you spreading facts on different pages. You gain nothing out of it rather run the peril of getting wrong advise based on half facts.
