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Court initiated Perjury proceedings against two Hostile witnesses in NDPS case
1/2/2024 10:34:25 PM
Early Times Report
JAMMU, Jan 2: Principal Session Judge Udhampur Haq Nawaz Zargar has initiated perjury proceedings against two witnesses who turned hostile in State Versus Prem Chand case Case FIR No. 546/2018 of P/S Udhampur offences under section 8/15 NDPS Act.
In an unprecedented case, acquitting the accused court said that two civil witnesses namely Brij Mohan Son of Late Ram Krishan resident of Tehsil Kathua and Gurcharan Singh son of Rajinder Singh resident of Barnoti Tehsil and District Kathua, have made the statements before the Magistrate under section 164-A Cr.P.C during the investigation, but both resiled from their statements in this court.
A perusal of the file reveals that both the above named witnesses have made their statements under section 164-A Cr.P.C after due satisfaction recorded by the Magistrate. It appears that both the above named witnesses have deliberately and intentionally made the false statements in this court during the trial to screen the offender, accused in the present case.
It is trite that witness retracting in the court during trial from his/her statement recorded under section 164-A Cr.P.C can be exposed to penal consequences under section 497-B Cr.P.C. In view of the this, let separate Robkar be framed against the above two prosecution witnesses and a notice be issued to both the above named witnesses/persons to show cause as to why proceedings under section 497-B Cr.P.C are not initiated against both of them. —JNF
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