Evidentiary value of the shadow witnesses
velmurugan
(Querist) 02 June 2015
This query is : Resolved
Respected Ld.Counsels,
It is 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 already 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 shadow witnesses enclosed.
I understand that in a Trap case ,the two shadow witnesses used by ACB are considered "independant witnesses" and often conviction is based on their testimony,as great importance is attached to their statements in court.
My question:
1) But in my case the 2 shadow witnesses have never witnessed the alleged crime/transaction and they were only part of the raiding party.., will they be still taken in the eyes of law as "independent Witnesses" or they are only "interested witnesses"- what is the evidentiary value of these 2 witnesses?
2)Is it normal that their statements ,not being furnished along with the chargesheet?
Will be grateful for your kind clarification...Thanking you all..
T. Kalaiselvan, Advocate
(Expert) 14 June 2015
If there is no statement attached of the witnesses alleged to be shadow witness, and they have not been included in the list of witness in the charge sheet or FIR, ten they cannot be examined and there is no reason for independent witness. Let the case come for trial and based on the events you may defend yourself accordingly.
