Withdrawal of witnessess after examination

sateesh (Querist) 28 January 2012 This query is : Resolved
Dear Friends,
Please help on below query...
Charge sheet has been filed with Sec 420 with Sec 13 ( collective ) cheating..the case is running with 1st Magistrate court for 5 years..now first time witness is present , judge start cross examine both the parties both agreed for contest, but accused 1 has no scope of acquittal he want to compromise with witnesses..now both agreed to settle the matter off the court..can you please guide us is it possible..
1) smooth withdrawal from planitiff side.
2) court need to continue even after wintessee withdrawal the case.
3) is it any possible grounds witnessee proof that the same as an evidence and resubmit to court.
4)is accused has right to protect himself ..
Pls guide me.

thanks,
Vinay

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Raj Kumar Makkad (Expert) 28 January 2012
1. He should become hostile by changing his statement and he should depose as per guidance of the counsel for the accused persons as settled with the involvement of PP.

2. There is no scope of withdrawal but change of statements by material witnesses shall ultimately prove acquittal for the accused persons which may take 2-3 more hearings necessary for the completion of procedure.

3. No but change of statements is same as you desire.

4. Yes.

prabhakar singh (Expert) 29 January 2012
Mr.Makkad is right.There is a way and that is only the way.Prosecution witnesses turn hostile in statement chief and in case it has been recorded they admit questions put in cross which may lead to disprove of charge.No other way at all.