Dr. Ferdinando dos Reis Falcão wrote: [1] A State case is taken up by the Public Prosecutor and CANNOT be dismissed. Witnesses for the prosecution will have to attend Court even if the Court needs to drag them. [2] In case of a private Criminal case filed by individuals, then the Court is LIABLE to dismiss the case for non appearance.
COMMENT: I concede, Dr Falcao, that I am not as familiar with Indian common and statutory law as you might be. It does come as a surprise to me, however, that in India - a court cannot dismiss a prosecution-initiated case if the prosecution fails to present its star witness OR that a Court in India is LIABLE. What again was the 'Advocatal' reason given in the German-girl case? Did the state decide to sit on the fence? ps: the above is NOT to turn our attention away from the obfuscation in continuum. That is why I found Gabe's posting surprising. Did he not see the obfuscation enough to comment on it? jc
