Sandeep (firm) 18 August 2013
In a corruption related case several notices under Sec. 160 of CrPc were sent to a witness. However, while finalsing list of "Prosecution Witness" name of that particular witness was dropped under pressure to save him from facing hassles of courtroom.
Q1. To what extent it is as per law to drop name of a witness from "Prosecution Witness List" when several notices were sent to him during investigation?
Q2. What forms basis for preparation of "Prosecution Witness List"?
Regards.
Sandeep
Ashok, Advocate (Lawyer at Delhi) 19 August 2013
It is up to the Investigation Officer to draw the list of prosecution witnesses he wants to examine during prosecution. However, it is possible to call a person as a witness even if his name was not added in the list by the I.O. Even the accused can make a request before the court to call that person as a witness, though it is up to the court to call him as a witness. The accused can also call him as a witness as a defence witness if he is going to help in his defence.
List of witnesses is prepared on the basis of whether the evidence of a particular witness is crucial or necessary or relevant to substantiate or prove the charges levelled against the accused.
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