The Supreme Court (SC) has called for
strong action against prosecution
witnesses who turn hostile because of
inducement, threat, or coercion.
Delivering a verdict in a murder trial
from Madhya Pradesh, the SC said that
the system couldn’t allow a witness
to “perjure himself by resiling
(sic) from the testimony given in
court on oath.”
The biggest issue in the Indian judicial
system is the number of prosecution
witnesses turning hostile thus dealing
a debilitating blow to the case. Many
criminals have walked away after their
henchmen manage to harass, intimidate,
and threaten key witnesses who do not
get police, political, or identity
protection.
The Jessica Lall, Best Bakery, and the case from Madhya Pradesh all had
elements of witnesses upsetting the prosecution case.
The SC gave at least one hostile witness in the Best
Bakery case an imprisonment for perjury; women’s
rights groups have largely protested this decision.
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