Originally posted by: BornWithASmirk
What are your opinions on conspiracy theory of a BJP person (bald one in the selfie with Aaryan) being present at the time of detaining Aaryan?
He is one of the 9 Independent Witnesses(IW). Lets say he is BJP person, the other witness also revealed so far is also related to BJP because he has pictures with BJP ministers including Amit Shah and Modi. These are 2 IW. We still don't know other 7. Lets believe one of those is Fletcher Patel related to Sameer Wankhede. Make it 3 IW. We still have 6 IW left we don't know about. When Chargesheet will be filled will get to know all 9. People will be free to background check all 9.
I'm not sure people even know how NCB select IWs. But one of the earlier Supreme Court verdict says "non-examination of independent witnesses is not fatal to the case of the prosecution when other prosecution witnesses are found to be trustworthy"
https://www.livelaw.in/news-updates/non-examination-independent-witnesses-not-fatal-prosecution-case-supreme-court-173772
Not just that.. Once court knows that some of IWs were questionable they have to adopt greater degree of care while scrutinising other IWs.
There is another verdict of Court which says in NDPS cases even not having IWs is not fatal to the their case as long as they have enough evidence to prove the reliability of their prosecution case.
https://www.scconline.com/blog/post/2017/08/22/absence-of-independent-witness-cannot-be-the-ground-for-acquittal-of-accused-under-ndps-act/
Edited by Zeal17 - 3 years ago
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