Witness - unwilling
Shruti Shruti
(Querist) 19 November 2019
This query is : Resolved
I am arrayed as A1 and my criminal is ongoing in trial court. Found that the witness persons are not willing to come and was forced by police. In last hearing, the witness people shouted at judge saying that "why no enquiry is happening to us. we are coming every hearing for past 4 months. I am not related to this case. Just i was a neighbour. Police tortured and forced me to be a witness".
But this was not recorded by the Magistrate.
Kindly advice me if I can do any of these ?
1. Prejury on them for giving false statements in 161 againt us (heard that police written the statement and witness was forced to sign)
2. Defamation on them?
3. Or any other sections which can be in favour for me.?
Guest
(Expert) 19 November 2019
You have to wait and see the fate of witnesses in next two or three hearing. Once you get acquittal in the Case you could think and decide about other things. Please Wait
SHIRISH PAWAR, 7738990900
(Expert) 19 November 2019
Dear Shruti,
You can file defamation case against complainant if you get acquittal from the case.
Regards,
Shruti Shruti
(Querist) 19 November 2019
Dear Sir,
Somewhere I remember reading the defamation case should be in parallel with the criminal proceedings. Hence I had that query if I can raise it now.
Cause this case is in initial stage and PW1 - PP interaction itself not yet initiated. Been 2 years of trail. I believe, it will take another 3 years for completion.
Dr J C Vashista
(Expert) 20 November 2019
What is the case being contested by you?
What is your concern/ locus standie to the case?
If the prosecution witness(es) is/are unwilling to depose it is favouring you and against them.
Vauge facts.
It is advisable to consult a local prudent lawyer with relevant facts/documents for appreciation, guidance and proceeding.
P. Venu
(Expert) 28 November 2019
In a criminal case, it is for the prosecution/complainant to prove their case beyond reasonable doubt. The accused need not be too much concerned about the behaviour of prosecution off the witness box. You can just watch and wait; at the most, you may request for expeditious trial.
Once you are acquitted, you may proceed in claiming damages for baseless/malicious prosecution. Any how, no action for defamation lies in the instant case.
