Tuesday, December 9, 2014

RECANTATION OF TESTIMONY:

     The recantation of private complainants are insufficient to warrant the reversal of accused’s conviction. Recantations are frowned upon by the courts. A recantation of a testimony is exceedingly unreliable, for there is always the probability that such recantation may later on be itself repudiated. Courts look with disfavor upon retractions, because they can easily be obtained from witnesses through intimidation or for monetary consideration. It is also a dangerous rule for courts to reject testimony solemnly taken before courts of justice simply because the witness who gave it later changed his mind for one reason or another. This will make a mockery of solemn trials and put the investigation of crimes at the mercy of unscrupulous witnesses. A retraction does not necessarily negate an earlier declaration.

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