Why did Saanjh uff Dusky lose - Page 9

Originally posted by: astha36

This is interesting. I hope you aren't arguing just for the sake of it.[/DIV]

When Saanjh asked him to not come, did she say anything about her intentions of using him as a witness? She said Samay is the one who weakens Ayaan's case. Of course if the prosecution summons him, he will have to come. If Saanjh didn't intend to use him, she would not even have to say don't come. Why would she say that? She didn't want him to come and sit in the audience? Does it make sense to you? She said don't come so that he won't testify against Ayaan. That is clear.

Whether somebody forcefully prevents a witness from testifying or makes such requests, it comes under obstruction of justice. A lawyer who knows all laws, also knows what she should or shouldn't say. In this show, it is taken very lightly and Saanjh isn't shown to be a devoted lawyer either. So, I'm not surprised. But to state the fact, it was illegal to ask an eye witness to stay away.

We aren't talking about Samay. Please don't stray from the discussion.

I have already mentioned that Saanjh telling Samay not to go to the court can be considered a mistake or even her foolishness. But that act of hers doesn't fall under a crime or witness tampering category. Because it isn't her job to bring every witness there are to the court. It really depends on the lawyer which witnesses they want to bring in and how they want to use them and which witnesses to eliminate. Now, it isn't clearly mentioned whether Samay was sent a summon and did Saanjh ask him not to go despite it. If this is the case, the fault lies primarily with Samay as per the law. He obviously can't give the excuse that the defense lawyer told him not to go and so he didn't. Now, if Saanjh in some way physically prevented him from going or threatened him, then she would be held responsible.

Saanjh wasn't legally wrong in asking Samay to stay away. But if you mean she was morally wrong... there are different ways to look at this. I personally don't think Saanjh can be considered to be gravely wrong only because Samay didn't witness the whole incident. He only saw Ayaan on top of Maya. He didn't see how Maya kicked him and he fell on top of her or anything that preceded this. And sometimes, a half-truth can distort the true picture.

But as a viewer, I think Samay as a witness is given too much importance. Because Samay saw exactly what the police saw and what was shown in the footage. He didn't see anything more. So the outcome would have been the same whether Samay gave his witness or not.

Originally posted by: Shineon

Ayan got punishment not because Sanj could not defend him properly, it is because maya accused him of something he was not guilty of😆.

Wrong!
Saanjh was more worried about proving Maya characterless and psycho rather than proving ayaans innocence 😆
Rather than defending ayaan, Saanjh was revealing bedroom secrets is Arjun and Maya! 😆
Even the judge told her that 😆

Originally posted by: ishakumar

Wrong!
Saanjh was more worried about proving Maya characterless and psycho rather than proving ayaans innocence 😆
Rather than defending ayaan, Saanjh was revealing bedroom secrets is Arjun and Maya! 😆
Even the judge told her that 😆

Sanjh forgot it was about to save ayan not the defamation case of Maya

@whitewitch I have more expectations from PH than simply black and white. That's why I did such a deep analysis and that's why I looked into that fact Saanjh asked Samay not to come. If you have watched Ek Hasina Thi and Ek Hazaron mein Meri behna hai and the old award winning Junnon from this PH, they give ethics of protagonists a lot of importance.

Originally posted by: S.Stephy

I have already mentioned that Saanjh telling Samay not to go to the court can be considered a mistake or even her foolishness. But that act of hers doesn't fall under a crime or witness tampering category. Because it isn't her job to bring every witness there are to the court. It really depends on the lawyer which witnesses they want to bring in and how they want to use them and which witnesses to eliminate. Now, it isn't clearly mentioned whether Samay was sent a summon and did Saanjh ask him not to go despite it. If this is the case, the fault lies primarily with Samay as per the law. He obviously can't give the excuse that the defense lawyer told him not to go and so he didn't. Now, if Saanjh in some way physically prevented him from going or threatened him, then she would be held responsible.

Saanjh wasn't legally wrong in asking Samay to stay away. But if you mean she was morally wrong... there are different ways to look at this. I personally don't think Saanjh can be considered to be gravely wrong only because Samay didn't witness the whole incident. He only saw Ayaan on top of Maya. He didn't see how Maya kicked him and he fell on top of her or anything that preceded this. And sometimes, a half-truth can distort the true picture.

But as a viewer, I think Samay as a witness is given too much importance. Because Samay saw exactly what the police saw and what was shown in the footage. He didn't see anything more. So the outcome would have been the same whether Samay gave his witness or not.

Interfering with Evidence or Witnesses

Most examples of obstruction of justice are pretty obvious--they involve interfering with evidence or witnesses in a criminal case. If you pick up the smoking gun used by the bank robber, and you throw it into the river, you may be guilty of obstruction of justice--even if you had nothing to do with the original crime.

Likewise, any attempt to influence or intimidate a witness will usually be found to be obstruction of justice. Indeed, even an attempt to induce a witness to be unavailable to testify--for example, giving him a one-way ticket to Aruba just before the trial--could be obstruction.

http://www.quickanddirtytips.com/business-career/legal/what-considered-obstruction-justice

Thanks a lot astha for bringing the legal aspect so clearly into it.

O yes, providing a ticket to the witness is indeed a crime...Kidnaping the witness n ensuring that he does not come to court, too.

I wish somebody could also post from the IPC about the following crimes:

Originally posted by: ---Khushi---

So actually Maya is the one doing correct deeds & Saanjh is the one doing tedha deeds...😳...

N all this while I thought Maya is the one who's committing all the crimes 😆😉

Originally posted by: ---Khushi---

I wish somebody could also post from the IPC about the following crimes:

1) drugging n tying up someone

2) falsely accusing someone of rape

3) falsely accusing someone of domestic violence

These to begin with...😃