LAWS(SC)-2017-3-131

IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS Vs. STATE

Decided On March 30, 2017
In Re: To Issue Certain Guidelines Regarding Inadequacies And Deficiencies In Criminal Trials Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) During the course of hearing of Criminal Appeal No.400/2006 and connected matters, Mr. R. Basant, learned Senior Counsel appearing for the appellants-complainant, pointed out certain common inadequacies and deficiencies in the course of trial adopted by the trial court while disposing of criminal cases. In particular, it was pointed out that though there are beneficial provisions in the Rules of some of the High Courts which ensure that certain documents such as list of witnesses and the list of exhibits/material objects referred to, are annexed to the judgment and order itself of the trial court, these features do not exist in Rules of some other High Courts. Undoubtedly, the judgments and orders of the trial court which have such lists annexed, can be appreciated much better by the appellate courts.

(2.) Certain other matters were also pointed out by Mr. Basant, learned Senior Counsel for the appellantscomplainant, during the course of arguments. He made the following submissions :

(3.) The deposition of each witness must be recorded dividing it into separate paragraphs assigning para numbers to facilitate easy reference to specific portions later in the course of arguments and in Judgments.