Can witness be made accuse after issue of charge sheet in same case
Hirendra Pandey
(Querist) 18 January 2013
This query is : Resolved
A case is registered under PC Act against a Government Servant by Police on complaint of a private person for demand of bribe. Statement of an office colleague of the govt servant is recorded under 164 as witness in the same case. Thereafter charge-sheet is filed in the jurisdictional court.
Besides the statement under section 164, there is no other evidence against the accused person in the said case. The accuse points out to the court with evidence that the person who had testified under 164 is an accomplice of the person who had lodged Police complaint under PC Act because it was he who had in fact received money from the complainant. And seeks discharge from the trial court on this ground as there is no other evidence. It is also brought before the trial court that the police were well aware of it and therefore they blackmailed the other officer to falsely testify under 164 against the accuse.
Can the Police now make the other government servant an accuse or a co-accuse in the same case?
Raj Kumar Makkad
(Expert) 18 January 2013
Once final charge-sheer is put before the trial court, police has no interference or opportunity to further investigate or implead otehr witnesses unless this is specifically ordered by concerned court under section 173(8) of criminal procedure code.
Guest
(Expert) 18 January 2013
From your statement, it seems your case is not a red-handed case. However, statement of accused has no value unless he practically proves his statement that the witness is actually an accomplice of the complainant and only the witness received the money.
Hirendra Pandey
(Querist) 18 January 2013
Yes Dhingra Sir, it is not a red hand case, nor the bribe was recovered from person or his office or anything that had something to do with the accuse.
The Police is relying only on conversation recording of previous date when the demand is stated to have been made. On the date of trap, there is no recording. Hence in order to substantiate their case, Police have recorded 164 of Government driver of the accused person's office. Moreover, statement under 164 was recorded after 1 year of trap and chargesheet was filed thereafter.
Guest
(Expert) 18 January 2013
You have now stated that there was a recording of conversation, which you did not mention in your query. Better state brief of the case with full facts, as partial information on your part may not fetch appropriate solution to your problem.
Raj Kumar Makkad
(Expert) 18 January 2013
A querist is required to put entire relevant facts in one go so that the experts may provide reply in that sense otherwise every time the matter gets changes.
Sudhir Kumar, Advocate
(Expert) 22 January 2013
Your query is not so simple that it can be replied on net. This is off-beat situation. Come with full facts.
