Don't allow hostile complainants to defeat criminal justice system, Punjab and Haryana HC tells trial court

Saurabh Malik

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Tribune News Service

Chandigarh, January 10

The Punjab and Haryana HC has ruled that the trend of complainants turning hostile in criminal cases must not be allowed to trounce the criminal justice system.

It scuttles entire prosecution case

The trend of complainant turning hostile sets a bad precedent and as a matter of fact scuttles the entire prosecution case. Such process must not be allowed to defeat the criminal justice system. — Justice Harnaresh S Gill, High Court

Justice Harnaresh Singh Gill of the High Court also directed the trial court to take immediate action “in accordance with law” against a complainant in a snatching case for taking a complete summersault. The ruling by Justice Gill came after an accused in a snatching case sought regular bail. One of the grounds taken by the accused for bail was that the complainant in the case had turned hostile. Justice Gill observed the complainant had leveled specific allegations against the accused at the time of lodging the FIR, but had turned hostile “very conveniently”.

“The trend of complainant turning hostile sets a bad precedent and as a matter of fact scuttles the entire prosecution case. Such process must not be allowed to defeat the criminal justice system,” Justice Gill asserted. The accused had moved the High Court against the State of Haryana and another respondent for bail in a case registered in June 2020 for attempt to murder, snatching and other offences under Sections 307, 379-B, 392, 398 and 34 of the IPC and the provisions of the Arms Act, 1959, at the Dujana police station in Jhajjar district.

His counsel contended that the petitioner had been falsely implicated in the present case. He was in custody since March 11, 2021, and the complainant had not supported the prosecution version. He had turned hostile while appearing as a prosecution witness before the trial court. Opposing the prayer, the state counsel submitted that the complainant had made a complete summersault and connived with the accused. Specific allegations were leveled against the petitioner and a co-accused. The pistol used was recovered from the co-accused. The petitioner had snatched the complainant’s purse. The complainant’s Aadhaar and voter card were recovered from him.

Justice Gill asserted the petitioner and co-accused snatched the complainant’s purse at gunpoint. Further, gunshot was attributed to co-accused. “No ground is made out to enlarge the petitioner on bail. Dismissed,” Justice Gill concluded.