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1979 Supreme(Guj) 55

A.N.SURTI, M.K.SHAH
STATE OF GUJARAT – Appellant
Versus
NIMBAJI RAMCHANDRA – Respondent


Advocates Appeared: A.H.THAKAR, H.V.PUJARA, K.J.SETHNA

A. N. SURTI, J.

( 1 ) ). Before we part with this case we must necessarily observe that in a large number of corruption cases Panchas turn hostile and ultimately because of that the cause of justice suffers. It is regrettable that Public Prosecutors do not declare a particular Panch or a witness hostile to the prosecution at the proper stage in course of the trial before the learned Special Judge. In the instant case though Panch No. 1 made a revolutionary departure in his cross-examination in regard to the demand of the bribe and the acceptance thereof it is regrettable that the Public Prosecutor did not declare Panch Mohanbhai-P. W. 2 as a witness hostile to the prosecution. Had Panch No. 1 Mohanbhai-P. W. 2 had had declared a witness hostile to the prosecution there would have been only one set of prosecution evidence against the accused; and possibly that might have affected the result of the whole case. Eradication of corruption is a must and if that object is to be achieved it is high time that not only the Panchas who are selected should be respectable Panchas but if Panchas deliberately turn hostile to the prosecution the Public Prosecutors in the State must be on special ca





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