Legal Question in Criminal Law in India

Acquittal due to non-examination of one of the witnesses mentioned in Police Rep

Sir

I am facing a trial I. P. C. 498(A), 406, 420, 114, 323, 504 & 506(2) and u/s 3 & 7 of dowry prohibition act which is now at the stage of recording evidences. The Investigating Officer had not examined witness no. 2 whose name he has been mentioned in the police report. So is it possible to be acquitted on the ground that non-examination of witnesses violates Cr.P.C 161? Moreover can court record the evidence of such witness? Secondly there are no independent witnesses except the parents of the complainant. Is not necessary to have at least one independent witness for the prosecution to prove the alleged offence?


Asked on 5/03/03, 7:14 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Acquittal due to non-examination of one of the witnesses mentioned in Police

Did you mean that the Witness No.2 examined in Court was a person whose statement u/s.161 Cr.P.C. was not recorded by the Investigating Officer ? If that is the case, same can not be a ground to aquit the accused. Further the Court has ample powers of examining any person relevant to the trial.

As far as independent witness is concerned, law is that if such a witness was available and not examined, then adverse inference is drawn against the prosecution.

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Answered on 5/04/03, 4:04 am


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