Do you know that even if Witnesses becomes untraceable or dead, the Court can still pass conviction?

If Witness becomes untraceable or dead, it does not mean end of trial.. It does not mean that court is helpless and it has to acquit accused.

There are some cases where court has no option but to acquit the accused but there are some cases, as in prevention of corruption cases, where identity of witness is not an issue, conviction may follow.

Criminal Procedure Code has taken care of such situations. In such cases the court. can rely on other previously recorded statements or complaints of the witness in present case or in previous case..

The law is so framed that accused does not get advantage because of death of witnesses or their non traceability.

But this Rule does not apply in cases of insufficient evidence or no evidence.

Haresh Raichura
27/12/2014


Copyright : Haresh Raichura 2014 All Rights Reserved