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Showing contexts for: procured document in Anwar Ali vs State Of Rajasthan on 30 July, 2002Matching Fragments
30. The contention of the learned counsel for the accused appellant is that the prosecution has been totally demolished and disproved in view of the statement of complainant herself and the accused appellant may be acquitted of the charges of committing murder of his brother.
31. The statement of the complainant Firoz Bano (DW-1) recorded as DW-1 cannot be read in favour of the accused. The affidavit filed along with the application by the accused appellant dated 9th of March, 1997 is a procured document by threat or coercion or otherwise. It is difficult to accept it to be a voluntary statements given on oath in the form of affidavit by Firoz Bano her husband has been murdered. This affidavit filed by her and statements given in trial court as DW-1 go adverse and against the natural conduct of the prudent person. Ultimately, the accused appellant succeeded in producing the complainant as a defence witness. The statements of the complainant recorded in defence cannot be taken to be legally tendered evidence. She was not subjected to cross-examination by the prosecution side. The learned trial court has recorded the statements of the complaint as a defence witness in the absence of the Public Prosecutor. The post of Public Prosecutor was not manned and the statement of the complaint have been recorded in the absence of the P.P. The statement of a witness who is not subjected to cross-examination, though the other side is not responsible in any manner to go it uncross-examined, cannot be read against that party, here that the cost of repetition it is to be stated that the statements of the complaint as the post of P.P. was not manned, it is not a statement in the eye of law and it is not admissible in evidence. Nobody was present for State to cross-examine this witness and it cannot be read against the prosecution. Where that way thing are allowed to go in judicial courts, the prosecution against accused in many of the cases would be brought to ground by unscrupulous accused persons.