Law: Criminal Procedure Code (V of 1898)

Section: 253,436,439

  (a) Criminal Procedure Code (V of 1898)-------   ----- S. 253, read with Ss. 436 & 439-Discharge of accused-Order set aside by Sessions Judge under S. 436, and `further inquiry" ordered-Sessions Judge's order upheld by High Court where trial Court's grounds for discharge were "sketchy and cryptic".   (b) Witness------   ----"Interested"-Evidence of "interested" witness should be carefully scrutinized but he is not necessarily a liar-Not to be always disbelieved-Court to state `facts and circumstances" before coming to a finding that witness is interested.   Where the trial Magistrate had not discussed evidence of prosecution witnesses before discharging accused, and had ignored their statements on the short ground that "material witnesses" produced in case were "interested":   Held, that the word "interested" was not such as could be understood properly without reference to the facts and circumstances of each case. A person may be interested in the complainant or he may be interested against the accused, but the fact that he has interest in one or is biased against the other by itself does not mean that he is bound to perjure himself in all cases. An interested witness is thus not necessarily a liar; and it cannot be said that he is to be disbelieved in all cases. To discredit him, as not worthy of reliance, it is necessary to state facts and circumstances which warrant such a finding. It is true that the evidence of an "interested witness" may be carefully scrutinized, but there can be no basis for disbelieving a witness outright by labelling him as "interested".   (c) Criminal trial------   -----Delay in initiating proceedings-Not by itself sufficient for pronouncing proceedings false-Case "delayed" but supported by "cogent evidence" not liable to be dismissed on plea of laches.   (d) Criminal Procedure Code (V of 1898)------   ------S. 253 (I)-- Pendency of civil suit between same parties in respect of same matter-No bar against criminal proceedings on same facts -Accused cannot be…