Prosecution witnesses as defence witnesses
imteyaz farooquee
(Querist) 04 March 2013
This query is : Resolved
Dear expert,
Please solve my problem. I am Prosecutor. There is one case in my court,lodged with heinous offences, in which the police listed the witnesses in charge sheet and most the witnesses have been gained over the accused persons. Then the informant moved the court praying not examine them as Prosecution witnesses. And the court did so.After that, the defence side produced those witness as defence witnesses . Now, how the examination of those witnesses is legal in trial as defence witness ?
Raj Kumar Makkad
(Expert) 04 March 2013
The story of hostile witnesses and the witnesses included in the list of prosecution and examined by defence have two different aspects.
Such witnesses can very well be got examined by prosecution especially treating them as won over witnesses by defence. Such witnesses should be confronted with their earlier statement recorded under section 161 of Criminal procedure Code.
Prosecution has to prove its case beyond any reasonable doubt.
Nadeem Qureshi
(Expert) 04 March 2013
Dear Querist
I partly agree with Mr. Makkad, But as per situation the witness himself prayed for not examine himself and now he can not be examine as defense witness for a fair trail.
but it's depend on the Prosecution to prove its case beyond reasonable doubt.
Raj Kumar Makkad
(Expert) 04 March 2013
*Nadeem! It seems that you have not carefully read the query which says that informant moved praying court not to examine the particular witnesses......this means complainant prayed and not witness.
So your reply is based upon this wrong understanding of the facts which require to be corrected accordingly.
Sudhir Kumar, Advocate
(Expert) 05 March 2013
But in this case his own witness is declaring to be defence witness so he need not be declared hostile and is available for cross examination by him.
