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Salil Kumar Adv   23 September 2023

Defence witness

Prosecution has not examined two indipendant witnesses to the seizure Mahassar on the presumption that they would not support prosecution case ' . Now whether these two witnesses can be examined by the defence siting as defence witnesses ?
Advocate Salil


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     24 September 2023

the prosecution is not bound to examine all the cited witnesses, and it can drop witnesses to avoid multiplicity or plurality of witnesses. The accused can also examine the cited, but not examined witnesses, if he so desires, in his defence.

In Masalti v. State of U.P., AIR 1965 SC 202, this Court held that it would be unsound to lay down as a general rule, that every witness must be examined, even though, the evidence provided by such witness may not be very material, or even if it is a known fact that the said witness has either been won over or terrorised. “In such cases, it is always open to the defence to examine such witnesses as their own witnesses, and the court itself may also call upon such a witness in the interests of justice under Section 540 Cr.P.C.”. (See also: Bir Singh & Ors. v. State of U.P., (1977) 4 SCC 420)

Dr. J C Vashista (Advocate and Legal Consultant)     24 September 2023

Prosecution may drop such witness.

However, if the accused find such witness shall support may call them in his defence.

P. Venu (Advocate)     25 September 2023

Yes, defence has the option to examine such witnesses.

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