The Hindu : New Delhi News : Court orders prosecution of BMW case witness Sunil Kulkarni

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Tuesday, Jul 21, 2009
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Court orders prosecution of BMW case witness Sunil Kulkarni

Staff Reporter

Calls him “the most dishonest, unreliable, untrustworthy and untruthful witness”
Directs the Registrar-General to file a complaint against him under Section 340

NEW DELHI: While converting the offence of BMW hit-and-run case convict Sanjeev Nanda into a negligent and rash act, the Delhi High Court has rejected the evidence of court witness Sunil Kulkarni and ordered his prosecution for giving false evidence.

The Court said that in its “considered view, Sunil Kulkarni is the most dishonest, unreliable, untrustworthy and untruthful witness. His entry in the case is as dramatic as could happen only in our Bollywood movies”.

“It appears that he introduced himself as a witness of the scene of the crime not without any extraneous reasons. Finding involvement of an accused from a rich and affluent family, he jumped into the fray, maybe to make a fortune,” the Court stated.

“The manner in which the police had been hobnobbing with this witness, even the motive of the police appears to me to be a suspect. The defence for their apparent motive also tried to fiddle with this witness. In any event of the matter, his presence at the scene of the crime is as false as the existence of a $3 bill. The deposition of court witness Sunil Kulkarni is thrown out lock, stock and barrel”, the Court stated.

“In view of the findings given by this Court, with regard to the conduct of Sunil Kulkarni holding that he has deliberately and intentionally given false evidence, I feel that it is expedient in the interest of justice where proceedings under Section 340 of Criminal Procedure Code should be initiated. Accordingly, I direct the Registrar-General of this Court to file a complaint against him under Section 340 before the court of competent jurisdiction,” the High Court ordered.

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