Pw statements and evidentiary value
velmurugan
(Querist) 07 June 2015
This query is : Resolved
Respected Ld.Counsels,
It is a bribery case under sections 120B of IPc and sections 7,12,13(1) r/w 13(d) of PC act, following a ACB raid(not a Trap case-accused were not caught redhanded),
The chargesheet has already been filled.and me,being one of the accused, received the copy of the same with its annexures including 161 statements of all witnesses.
But no statements from the ACB officials as well as from the 2 shadow witnesses enclosed.
I understand that in a Trap case ,the two shadow witnesses used by ACB are considered "independant witnesses" and often conviction is based on their testimony,as great importance is attached to their statements in court.
My question:
1) But in my case the 2 shadow witnesses have never witnessed the alleged crime/transaction and they were only part of the raiding party.., will they be still taken in the eyes of law as "independent Witnesses" or they are only "interested witnesses"- what is the evidentiary value of these 2 witnesses?
2)Is it normal that their statements ,not being furnished along with the chargesheet?
sorry for repeting the query as my earlier query got no reply..Will be grateful for your kind clarification...Thanking you all..
Guest
(Expert) 07 June 2015
Mr. Murugan,
You have not stated, what has been discussed about those so called independent witnesses (i) in the panchnama, and (ii) in the charrge sheet filed against you.
So, how anyone can guess whether they have been taken as independent witnesses, complainants, or in what other position they accompanied with the raid team and what would be evidentiary value of their statements?
Further, you have also not stated, what is the opinion of your own lawyer in the case?
The answer to your second question also depends upon the basic facts, you are required to state.
velmurugan
(Querist) 07 June 2015
Dear Dhingraji,
Thank you so much for ur reply...In the panch nama and in FIR,they are stated as independent witnesses(govt employees)....But they came along with the ACB raiding team and witnessed only the recovery of money from the scene of crime and not from the personal posseession of accused....
Why their statements are not furnished along with the Chargesheet?Is it normal?
Thank you so much.
Biswanath Roy
(Expert) 14 June 2015
Mentioning names of the recovery witnesses in F.I.R. is not mandatory but discretionary. Only in the seizer list signatures of the witnesses are needed.
velmurugan
(Querist) 25 July 2015
Thank u so much for the replies.
