RAHUL KHATRI (SELF) 27 August 2015

Examination of witnesses named in chargesheet

A Complaint U/s 156(3) was made to the MM and an FIR was ordered.

Allegations of Cheating regarding sale of property.

The accused had moved for anticipatory bail but the same was rejected at Sessions and by the Hon'ble High Court and the accused is declared a PO.

During the enquiry the police had collected evidence from Banks etc regarding the Payment made and the Manager of the Bank had supplied documents regarding the same.

The Police has filed chargesheet U/s 420, 406, 120-B IPC and the MM has started trial U/s 299 CrPC.

The IO from the beginning was trying to dilute the case against the accused, but the documentary evidence was too strong and he had to file a chargesheet. Now, the IO has named unnecessary witnesses in the chargesheet.

Now will all the listed witnesses be examined by the MM or will the MM at the liberty to leave the witnesses like the Bank Manager??

Kindly advise..

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4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 27 August 2015

Sir,

All the witnesses and I feel the statement of all the witnesses be recorded when the chargesheet has been filed and if you could check the chargesheet the name of all the witnesses be mentioned therein.

Warm Regards

Kapil Chandna Advocate

9899011450

RAHUL KHATRI (SELF) 27 August 2015

I have gone through the copy of the chargesheet.. the IO has annexed some documents which have been received from some of the witnesses, such as the tehsildar, Bank Manager etc.. Total 13 witnesses have been mentioned in the chargesheet including the Complainant and the IO.

The accused had admitted in his bail application that he had entered into the agreement and had taken money in his bank through RTGS.. My question is that can these witnessses be excused based on admitted facts, as these are outstation witnesses and summoning them wil delay the trial by months..

Brajesh Kumar Gautam (Judicial Service) 29 August 2015

As per section 134 of the Indian Evidence Act no particular number of witnesses in any case be required for the proof of any fact. Therefore what is required is quality of the evidence and not the quantity. Despite several number of witnenesses in a charge sheet, if prosecution wants to drop some of the witness it may. There is no law that all the witnesses have to be examined. But prosecution should always try to produce best evidence otherwise adverse inference may be drawn under section 114(g) of the Evidence Act.

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