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Girish Agrawal (ITO)     14 August 2012

Witnesses not produced

Sir,

In a criminal case, the cbi had listed many witnesses. during the course of trial, the witnesses were summoned, they appeared but were not examined. Later when they were summoned, the CBI submitted that the witnesses had died. since these witnesses did not depose, one of the main accused was given benefit of doubt and acquitted and an innocent person who had been deliberately framed has been punished. Their statements u/s 161 are available on the reccord. Is their any way in which these statements can be brought to the notice of the High Court when it comes up for hearing so that it can be proved that the judge delivered an erroneous judgement?



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 3 Replies

N.K.Assumi (Advocate)     14 August 2012

It is the bounden duty of the trial court to furnish to the accused all the statements recorded during investigations, and all those documents should be laid before the High Court in Appeal.

2 Like

surjit singh (Assistant)     14 August 2012

All these lacuna must have been taken up in the appeal before the high court, and after all the record of the lower court will be called by the court. This is a good ground for success in the appeal. Solely basing the statemnet of 161 Cr.P.C. conviction cannot stand.

1 Like

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