LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Police Investigation — Failure to Call All Witnesses — Section 149(d) Evidence Act — When Not Applicable
PRINCIPLE STATEMENT
Section 149(d) of the Evidence Act does not require the prosecution to call all possible witnesses; the prosecution has discretion to call a sufficient number to prove its case.
RATIO DECIDENDI (SOURCE)
"...both P.W.1 & P.W.4 being silent in their evidence on the issue of third parties been present at the scene, no issue of Section 149(d) of the Evidence Act arose in this case. The prosecution in fact always has a discretion as to the number of witnesses it will call to prove its case and it is not necessary to call a multitude of witnesses where only a few can do..."
EXPLANATION / SCOPE
The prosecution is not required to call every possible witness. It has discretion to call a sufficient number to prove its case beyond reasonable doubt. Section 149(d) of the Evidence Act (presumption that evidence not produced would be unfavourable) applies only where a party fails to call a material witness who could have given crucial evidence. The principle prevents adverse inferences where the prosecution calls adequate witnesses. The court will not assume that uncalled witnesses would have contradicted the prosecution. The rule promotes efficient trial management. The defence may call witnesses if they wish. The prosecution’s discretion is not unlimited; it must call material witnesses. The principle balances the prosecution’s duty with practical realities.