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ashok kumar (Social Worker)     14 February 2016

All prosecution witnesses have died

ALL PROSECUTION WITNESSES HAVE DIED

In a case under Section 420, 467,468,471,120B the complainant has been examined and cross examined and all the Prosecution witness have died including the IO,FSL Person etc

What will be the impact on the trial ?

How will the case be proved against the accused?

Does this situation act in favour of the accused?

 

THE CHARGE FRAMED ON SEPARATE DATES

In the above case, the charges was framed on one date against 1 accused and on a different date against co-accused

What is the implication on the Trial? Does it vitiate the Trial?

What impact does it have on the trial?



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 3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 February 2016

In criminal cases, which are even more grave than what is mentioned here prosecution witnesses were deliberately eliminated and the crimal got acquitted for lack of evidence. There are many politically important persons of present and past who are/were moving about freely and are/were occupying high positions. Some were brought to court and got acquitted. In the case of many others there were strong suspicions. But they were never brought to court.

ashok kumar (Social Worker)     14 February 2016

Dear Dr. MPS RAMANI Thank U for ur Revert My question remains What will be the impact on the trial ? How will the case be proved against the accused? Does this situation act in favour of the accused?

Vijay Raj Mahajan (Advocate)     14 February 2016

The complainant has been examined and cross examined but rest of the prosecution witnesses have died, in such case if there exist no evidence against the accused persons and even the circumstances do not show any of the accused guilty of the charged offences, than in such case the trail court shall aquit them and dismiss the criminal complaint.

As far framing charges at different time againt the accused persons is concerned that will not impact the trail process because what is important the evidence against the accused persons to prove chages against them not the time of charge when they were being charged by the court.


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