If witness doesn't show up in the court...

No it can not be persumed, the court may issue warrant against the witness.

Hello.

The Learned Judges in the case of State Of Mysore vs Narasimhe Gowda N.G. And Ors. had on analyzing the provisions contained in Section 251-A and the other provisions contained in the Code related to trial of a case and issue of process against the witness, stated that once summons are issued to secure attendance of witness, it was the duty of the Magistrate to have enquired into the causes of non-service or non-return of the summons and to have taken further steps as were necessary in the circumstances of the case to secure the attendance of witness.

Also, the witnesses should be bound over by re-cognizance to appear and give evidence in the matter of the charge against the accused at the trial by. In case they fall to appear the court can issue a warrant against them to secure their attendance (Section 92 Cr.P.C.). Thus, on non-appearance of the witness, the case does not get dismissed; rather the Court issues a warrant to secure the attendance of the witness(es).

Acquittal can only be granted when the Magistrate finds the accused not guilty and has recorded it to be so. The word 'finds' is used to mean ‘decide,’ implying that the finding to be arrived at shall be after consideration of all the evidence adduced by the prosecution, the plea of the accused and evidence adduced on his behalf if any.

The Code does not provide for or contemplate an order of acquittal being recorded merely on the ground that the prosecution or the complainant had failed to produce evidence on the date fixed by the Magistrate. Therefore, if the witness does not turn up in the Court, it does not serve as a ground for acquittal of the accused.

 

-Regards

Advocate Pooja

www.lawkonect.com

Hello, I was involved in a car accident in 2009 where I was the driver and my grandfather was sitting in co-driver's seat. The car that I drove was my father's office vehicle and it was damaged beyond repair. It was a head on collision with a lorry on a state highway in Tamil Nadu (Thiruvannamalai Dist.). I survived with injuries since I wore the seat belt, whereas my grandfather succumbed to injuries and died on the spot. A case was lodged by the police at local police station against the lorry driver (accused/suspected accused). Now my case has come to court after 6 years. I am the complainant and primary witness. Only me and my grandfather were present during the accident and I am the lone survivor. My father,my paternal and maternal uncle who rushed to the hospital where I was admitted and my grandfather was taken into mortuary are the secondary, tertiary and quaternary witnesses respectively. Myself and my family (my father and mother) are Canadian PR's and migrated to Canada. We were still Canadian Permanent Residents, at the time of accident. I came on a vacation to India and my parents were still residing in India. Now we altogether have relocated to Canada and not in India anymore. We could not attend the hearing and may possibly not be able to in the near/far future too. Police came looking for us to our old address and found that we have migrated. They have gone to my paternal uncle's house and he was out of station on official purpose. They have issued a subpoena to my aunt and asked her to sign. She has told them that uncle is out of city and cannot attend the hearing. They have asked her to sign and said they will go for a 'pendente lite' this time but to summon himself up the next time to finish the case. They have asked to submit copies of our (myself and my dad's) passport in order to provide proof of evidence to the magistrate that we are out of the country for over three years and not expected to return as we are Permanent Residents of Canada. They have told that we (myself and my dad) will be removed out of the witnesses list and at-least one of the remaining two witnesses has to summon themselves up and testify in order to close the case. What is the legitimacy of the information? I wish but won't be able to appear and testify owing to my schedule. Neither my father. To flow down all the way to attend a hearing is next to impossible. It's been 6 years since the accident happened and we hold no grudges. It's an accident and unfortunate thing has happened which is irreparable. It's a police case, are we in trouble if we don't appear? We are not in the country and are permanent residents of foster country. Would something go wrong here? Is it enough if the tertiary or the quaternary witness testifies? Please give some insight. There was no case of any infringement or breach on my side. This is my genuine plight. Can somebody throw some light please. Thanks.