State vs . Chote Lal on 7 April, 2010
7. Despite the fact that accused was allegedly arrested
from a public place at about 15.01.2003 at about 08:00 PM
at Gol Chakkar, near Lal Park, DBG Road, Delhi, no public
7
State Vs. Chote Lal
witness was joined. Constable Raj Kumar, IO HC Hawa
Singh and Const. Sanjay Kumar that no public witness had
joined. No action was taken against the public persons, who
refused to join the proceedings. The testimony of official
witnesses does not find any corroboration from any
independent source. In my view, the non joining of public
witness is fatal to the prosecution case, particularly when
no reasonable explanation has been given by prosecution for
non joining of public witnesses.