STATE OF GUJARAT Vs. VRAJLAL ARJANBHAI GOHEL

JUDGEMENT

(1.) WITH regard to the panch witness the learned Judge has chosen to consider him not reliable and not independent on the ground that he was taken as a panch agent his will and that he was a witness acting under the pressure and was therefore not a willing witness as he had been threatened. In the instant case the panch had no direct talk at all with the police. He was asked by the head-clerk to go as a panch and on his saying that he was unwilling the head-clerk told him that if he did not go a criminal case would be filed against him and a warrant would be issued against him. That was the view of the head clerk with regard to the consequence which would follow if a person refuses to act as a panch. There was no direct threat or any pressure on him from the police and once he agreed to act as a panch there is no reason why he should go out of his way to oblige the prosecution. If at all the natural conduct on the part of such a person would be to entertain some grievvance against the prosecution and therefore he would be favourably inclined towards the defence and not towards the prosecution. Simply because he is a Government servant it does not mean that he would be a party to a false panchnama being made in a false case on a trap being set up against an innocent person. Acquittal set aside.