Write a short note on Stock Witnesses

Question: Write a short note on Stock Witnesses [D.J.S. 1984/1990]

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Answer

A ‘stock witness’ is a person who is at the back and call of the police. He obliges the police with his tailored testimony. Such a witness is used by the police in raid cases. Such witnesses are highly disfavoured by the judges.

As was held in State of Gujarat v. KP Singh, 1995 Cr LJ 3623 (SC), because of appearing as police witnesses in a number of cases and they being pliable and untrustworthy, their evidence cannot be relied upon.

Once it is proved that a certain witness examined by the prosecution is a stock witness of the police, the court would be justified in discarding his testimony. But that in itself is not enough to falsify the entire prosecution case.

In such a case, it is the duty of the court to brush aside the testimony of the stock witness and to see if the remaining prosecution evidence is enough to sustain the conviction of the accused [Hazara Singh v. State of Punjab (1971) 3 S.C.R. 674].

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Important Mains Questions Series for Judiciary, APO & University Exams

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2. Law of Evidence Mains Questions Series Part-II
3. Law of Evidence Mains Questions Series Part-III
4. Law of Evidence Mains Questions Series Part-IV
5. Law of Evidence Mains Questions Series Part-V
6. Law of Evidence Mains Questions Series Part-VI
7. Law of Evidence Mains Questions Series Part-VII
8. Law of Evidence Mains Questions Series Part-VIII
9. Law of Evidence Mains Questions Series Part-IX
10. Law of Evidence Mains Questions Series Part-X