BHAGAVAT SINGH G Vs. STATE OF KERALA

JUDGEMENT

(1.) This case raises certain interesting questions regarding procedures adopted by the courts recording oral evidence. What is the duty of such courts to the witnesses concerned, the parties to litigation and their counsel How can it be ensured that a fair and transparent procedure is followed in the matter of recording oral evidence What safe norms should be insisted by the system from judicial functionaries to ensure that fairness and transparency is ensured in the procedure adopted.

(2.) Petitioner, a lawyer practising at the High Court, has come before this Court with this petition to expunge certain observations made by the learned Sessions Judge, in the judgment in a Sessions case.

(3.) That was a prosecution against two accused persons who faced allegations inter alia under Section 3(1)(x) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act. It was a judgment of acquittal in favour of the said two accused persons. To cut a long story short, petitioner was examined as PW3 in that case. The petitioner s wife was examined as PW1. PW1, it was alleged, belongs to the Scheduled Caste whereas the petitioner does not belong to any Scheduled Caste or Scheduled Tribe. The evidence of PW1 was sought to be assailed on various grounds during cross examination. Inter alia, it was suggested that the petitioner and his wife were actuated by malafides on account of the prior strain in their relationship with the accused. PW1 was in the witness box and faced cross examination. It appears from the evidence of PW1 as recorded by the learned Sessions Judge, that as many as 63 complaints were made by PW1 to the police against the accused persons and their parents and that police had referred such complaints and had not taken any action on such complaints. It was further admitted, again as per the recorded testimony, that there were many civil litigations also. PW1 had signed that deposition. She does not appear to have raised any objections at any time while signing the deposition or thereafter. The learned Sessions Judge in paragraph 9 of the judgment of acquittal while considering point No. I that was raised, i.e., about the acceptability of the evidence of PWs 1 to 3 proceeded to observe as follows: