Hostile Witness

4/18/2018

The entire judicial system and advocacy depend and rely on evidence and witnesses in deciding the case and imparting the justice. The witness turning hostile in the court proceedings accusing the police or any investigating agency of concoction or coercion in by elicting his or her statements or confession in case. There is now question any particular case and it is general and growing tendency for witnesses to volte-face in court and make mockery of law. In recent Mecca-Medina case 54 witnesses turned hostile. Even the prime accused Assemanand who is man of significance and importance alleged that his confession of crime statement before the National Investigation Agency (NIA) was given and recorded under the pressure of NIA. In the Mecca Medina blast case the Judge Mr Ravindra Reddy acquitting all the five accused observed that the prosecution (NIA) could not prove charges before the court soon after pronouncing the judgment within few hour the Judge Reddy resigned mentioning personal reasons. Like all Judges too have conscious and there may be occasion when it picks and person concerned take drastic decision. In Delhi Priayadanshi Mattu rape and murder case the Judge in deep distress and disgust observed that he understood what it is but as all the witnesses have turned hostile he has no other option but to acquite the accused. Later on public hue and cry there was ritual in the case and the rapist and murderer one of IPS was convicted and sent to jail. In BMW car accident case of Delhi 6 persons were crushed to death and grandson of Admiral was held. But surprising the member of families who identified in the case turned hostile in the court calling it was truck. In this case the family members were must have been purchased with hand some amount. In this case also the retrial was held and the boy was sentenced. Jacicca Lal was murdered are crowed restaurant but no one came forward as witness. On public uproar the retrial was held and the accused was sentenced. In all such cases the witnesses turn hostile on various considerations. In cases against hardened criminals the people don’t depose or turn hostle planning revenge by him on his associate. The judiciary the Bar with Government make ponder over it. There should be specific law to punish witness turning hostile.

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