STATE TIMES NEWS JAMMU: Principal Sessions Judge Samba, M.K Sharma on Thursday acquitted Sanjeev Kumar, son of Jankar Singh resident of Rakh Amb Tali Samba, who was accused in a case of kidnapping and issued notice to prosecutrix for facing trial for commission of perjury. While acquitting the accused, the court observed that 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. The victim has admitted while deposing before Principal Sessions Judge Samba, M.K Sharma that her statement was recorded in the Court of JMIC/Munsiff, Samba. However, she resiled from her earlier statement and 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. 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 precede against the victim whose statement during investigation under Section 164-A Cr.P.C was recorded, the Principal Sessions Judge Samba observed and directed to issue a show-cause notice to the victim to explain as to why she may not be prosecuted for making false statement.
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