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New Delhi, Oct 23 (IANS) The Supreme Court has issued a stern warning to witnesses attempting to mislead the trial proceedings in a criminal case, directing trial courts to deal sternly with any such conduct.
Noting that the integrity of the judicial process must be protected, a bench of Justices Ahsanuddin Amanullah and NV Anjaria said: “If the trial court finds that a witness has tried to take sides in his statement without being honest with the court, the court will take suo motu cognizance of such conduct and initiate action in his personal capacity.”
The remarks came amid arguments by senior advocate Vipin Sanghi, appearing for the petitioner, that three private prosecution witnesses had turned hostile following the release of accused/respondent No. 2 from custody.
Sanghi said such a development “speaks volumes about the defendant’s conduct”.
Although senior lawyer Mukta Gupta, appearing for the accused, “strongly refuted such allegation”, the top court expressed concern over the possible impact on witnesses.
Stressing the need for impartiality, the Justice Amanullah-led bench also directed that the remaining official witnesses – two doctors and the Forensic Science Laboratory (FSL) officer – record their evidence “under full police protection, without intimidating or influencing the witnesses in any way”.
The top court said, “In view of the fact that now all the private persons, who were prosecution witnesses, have been examined and only two doctors and the Forensic Science Laboratory (FSL) officer, who are official witnesses, are yet to be examined, we direct the learned senior counsel for respondent No. 1 (State) to ensure that the remaining witnesses record their evidence under full police protection, without allowing the witnesses to be intimidated or harassed in any way.” Without being influenced.”
It further ordered that its instructions “be communicated to the witnesses concerned before their testimony”.
The case has been listed for further hearing on December 11.
–IANS
PDS/VD