The Hindu Business Line : Justice thwarted

The acquittal of all the accused in the Jessica Lal murder case has sent shock waves round the country. While the outrage is understandable, the court has perforce to go by the evidence placed before it, and even if there is the slightest doubt about the evidence presented, the defence is entitled to the benefit of it under the law. In this case, a large number of witnesses turned hostile, and the killing could not be reconstructed to the stringent criteria of proof beyond the shadow of reasonable doubt.

Naturally, if the prosecution or the police are remiss in presenting an iron-clad case, the court cannot supply the missing links just to pronounce a guilty verdict.

The question still remains whether in this and other cases which fizzle out for want of evidence, the police and the prosecution exerted themselves sufficiently to prove the guilt of the accused to the full satisfaction of the trial court.

Especially cases where big names figure as accused, who are willing to spend any amount to get the best lawyers and exploit every legal loophole raise all kinds of suspicions of deliberate botching up and silencing of witnesses.

All the more so because the police can easily get round the problem of hostile witnesses by using its power (Section 164 of the Cr.P.C) to get statements recorded under oath by a Magistrate.

Since the Indian Penal Code (Section 181) makes any retraction punishable with three years jail and fine, witnesses will think twice before turning hostile.

The police should be directed to invariably use this power. Otherwise, justice, so far only delayed and/or denied, will also get thwarted by negligence or collusion of the investigating agencies.

B. S. Raghavan

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