Excelsior Correspondent
JAMMU, Jan 17: Principal Sessions Judge Samba, M K Sharma, while acquitting an accused of kidnapping Sanjeev Kumar, son of Jankar Singh of Rakh Amb Tali, has issued notice to prosecutrix for facing trial for commission of perjury.
“It is necessary to point out that the victim in this case has turned hostile and she did not support the prosecution for whom she was cited as witness. It is a serious issue. The statement of this witness was recorded under Section 164-A CrPC before the Judicial Magistrate First Class/Munsiff Samba”, Principal Sessions Judge observed.
“While deposing before this court during trial the prosecutrix resiled from her earlier statement and has made contradictory statement. I cannot say at this stage as to which statement out of the two which she has made is true and which is false”, Principal Sessions Judge said, adding “the adversarial system of justice delivery is based upon the evidence. If these things are not taken seriously and the guilty punished, the day is not far when the system as a whole will collapse”.
“It is the mandate of Section 164-A CrPC that the person makes the statement voluntarily and the Magistrate recording the statement makes an endorsement to this effect. I shall proceed against the victim whose statement during investigation under Section 164-A CrPC was recorded”, the court said and issued notice to the victim to explain as to why she may not be proceeded for making false statement.
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