Case Law Details
The non-availability or non-association of independent witness cannot be a ground for discharge or acquittal in all cases. It would depend upon the facts and circumstances of each case and the evidentiary value of the prosecution witnesses could not be undermined at the stage of framing of charges. It is moreso when the prosecution has cited some panch witnesses to be examined in support of its case. The impugned order discharging the accused/respondents apparently suffers from illegality and has caused miscarriage of justice. At the stage of charge, what is to be seen by the Trial Court was laid down by the Supreme Court in the catena of judgments. Reference is made to the judgment in case State of Bihar v. Ramesh Singh, AIR 1977 SC 2018.
HIGH COURT OF DELHI
Crl. Rev. P. 670/2010
Date of Decision: 14.02.2012 Please become a Premium member. If you are already a Premium member, login here to access the full content.
