Seeking exemption in giving evidence
Balaji Bakthavathsal
(Querist) 01 November 2021
This query is : Resolved
In a Criminal case under the Calendar Case filed by the District Crime Branch Police based on the direction obtained from the High Court before the Judicial court under the sections FOUR SIX SEVEN, FOUR SIX EIGHT, FOUR TWENTY AND FIVE ZERO SIX (II) of Cr.P.C., can the prosecution side witnesses seek exemption in attending the court under the section205 of Cr.P.C. ?
These witnesses are sisters of the complainant who were interrogated by the police to ascertain the facts of the offence.
Please quote suitable citation if there is any.
Thanks & Regards
Balaji Bakthavathsal
(Querist) 01 November 2021
Can the accused side advocate insist that the all the prosecution side witnesses should be summoned and cross examined ?
P. Venu
(Expert) 02 November 2021
You have not posted complete facts. In the absence of relevant facts, the posting is a riddle than a query.
Balaji Bakthavathsal
(Querist) 03 November 2021
Respected Venu Sir,
Here are the facts :
1) A group of fraudsters attempted to grab our property through fake documents and they trespassed our property and threatened the occupants.
2) As the police refused register a complaint, the High Court was approached to issue directions to the police and the High Court directed the police to investigate the matter.
3) The police conducted complete enquiry accepted the complaint from me and registered FIR.
4) To ascertain the facts further, they interrogated all the family members including all my brothers & sisters and thus the total number of witness from the police side is 55 which includes apart from family members, witnesses who have signed the forgery documents, Registration officials, revenue officials, police officials etc. etc.
5) Thus against the FIR filed in the year 2010, Charge Sheet was filed before the Magistrate in the year 2013.
6) Though more than 8 years elapsed, the trial is taking in snail's pace and so far only 15 out of 55 witnesses have given evidences before the Magistrate from the Prosecution side.
7) Out of the 55 witness, 12 are family members who are legal heir to the property and 5 people have been already given evidence.
8) Since the offence committed is documentary oriented, it is important to enquire the govt. officials like Registration department, Revenue Department etc. to give evidence rather than from the property owners.
9) Therefore it was requested to exempt the ladies of the family who are going to repeat the same story as already 5 people have given evidences and give importance to other govt. officials.
In this context only exemption is sought.
I hope that I have made the points clear.
Thanks & Regards
P. Venu
(Expert) 03 November 2021
As I could gather, the evidence is being presented by the Public Prosecutor or his Assistant. The discretion in the given context rest with that authority.
