Mastan 16 December 2019

Prosecution witness - indexing

Respected learned members,

Came across a atypical indexing of PWs in a charge sheet filed under 173(2) which consists of 5 prosecution witnesses in the list. And for the PW4 the police mentioned that "Ramu , adress: xxxxxx and 6 other unknown persons" . and the PW5 is the IO.

Now i'm in confusion that how the IO had accomodated total 7 persons for a single prosecution witness(PW4). As the investigation report(charge sheet) submitted and process also started. So now want to know that from where those "6 unknown persons" will be emerged at the time of giving evidence??? Who are they?? Does it is a normal procedure to single PW to be consisted of multiple persons?

koun sa petition thokna hai to get it correct in the court?

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2 Replies

G.L.N. Prasad (Retired employee.) 17 December 2019

The witnesses might have expressed risks to their lives and might have demanded to keep their names secret. The thing to be decided by you was whether the statements are facts or not. There is no limit to the number of witnesses.

The relevant issues may be raised once the proceedings commence.

Mastan 17 December 2019

No sir, its not any terrorist activities case or kuldeep sengar case. just a common fake 498a case for settlement money for divorce.

How could it be just mention of "6 other unknown persons" in the list of witnesses of a charge sheet submitted in court.

Even if we go as per assumption of LIFE THREAT RISKS then atleast the court should know their identity. Otherwise corrupt police can bring anybody as that unknown persons. It seems there is no such provision in CRPC to mention the witnesses as unknown persons and that too without their specific 161 statements