A local court in Surat has delivered a stern verdict against witnesses who undermined a murder trial by providing false evidence. On Wednesday, the court sentenced six witnesses to one month of simple imprisonment and imposed a fine of Rs 300 on each for intentionally turning hostile and giving false testimony, which ultimately benefited the accused in the case.
Court's Strong Warning Against Subverting Justice
The court issued a clear warning that such acts of witnesses intentionally providing false evidence and turning hostile cannot be taken lightly. It emphasized that the judiciary has a sacred duty to punish those who attempt to subvert the course of justice, stating that the court cannot remain a mute spectator against such intentional activities that threaten the integrity of the judicial process.
Background of the Murder Case
The case dates back to November 5, 2021, when the victim, Kalu, also known as Kishan Baraiya, was murdered in Bhagwan Nagar Society in the Katargam area of Surat. Dipesh Kantariya, a resident of the same society, was arrested and charged with the murder, leading to a trial that spanned nearly four years.
Witnesses Retract Statements, Accused Acquitted
During the court proceedings, key witnesses who had initially provided statements to the police retracted their testimonies, contradicting their earlier accounts and thereby aiding the accused. Due to insufficient evidence resulting from these hostile witnesses, the main accused, Dipesh Kantariya, was acquitted of murder charges on January 17, 2026.
Legal Action Against Hostile Witnesses
Following the acquittal, the Sessions Court took suo motu action by issuing a show-cause notice to six witnesses under Section 344 of the Criminal Procedure Code (CrPC). The notice demanded an explanation as to why they should not be penalized for assisting the accused through their false testimonies.
The six witnesses identified in the case are:
- Nikhil alias Khato Nanjibhai Maru
- Karan alias Kallu Dineshbhai Rathod
- Gautam Kalubhai Gohil
- Dharmesh Himatbhai Miyatra
- Kiran Nareshbhai Anjara
- Pujaben Nagar
Court Proceedings and Final Verdict
After hearing arguments from public prosecutor Dipesh Dave and advocates Ashwin Jogadia and Kajal Vadhel representing the complainant, the court delivered its judgment. It ordered simple imprisonment of one month for each witness along with a Rs 300 fine. The court specified that failure to pay the fine would result in an additional five days of imprisonment for each witness.
Court's Observations on Judicial Integrity
In its detailed verdict, the court made several critical observations about the importance of witness integrity in serious criminal cases:
- Serious Crimes Require Truthful Testimony: The court noted that in grave offenses like murder, when key witnesses declare false facts under oath to benefit the accused, such behavior represents a serious threat to justice.
- Consequences of Ignoring False Evidence: The judgment emphasized that if such actions are ignored, it could encourage others to take oaths and present false facts, thereby undermining the entire judicial process.
- Need for Strict Action: The court asserted that such witness behavior must never be accepted and that strict action is necessary against those who intentionally provide false evidence to ensure truth prevails in court proceedings.
- Preserving Public Trust: The verdict stressed that only through decisive action against false testimony can public trust in the judiciary be maintained. Failure to act, the court warned, erodes confidence in the legal system and has severe consequences for a law-abiding society.
The court concluded that imposing appropriate penalties on witnesses who provide false evidence is not just a legal requirement but a sacred duty of the judiciary to protect the sanctity of the justice system.
