HARIBABU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Persons who have witnessed a crime are extremely reluctant in giving evidence. Prosecution witnesses are turning hostile every day. If the administration of criminal justice is to be saved from total collapse, a drastic change in the mind set is needed for the Judges, lawyers, litigants and the police.

(2.) When a witness comes to depose before the Court in a criminal trial, he is doing public service to the criminal justice system. While the Judge, the lawyer is paid for the time he devotes to litigation, and the litigant has a personal interest in the litigation, no remuneration is paid to the witness for his time and effort. He has no personal interest or stake in the litigation. The witness is therefore entitled to receive all respect and protection for doing that service to the society.

(3.) It is essential having regard to reluctance on the part of people to give evidence in the present times, that the police should create a "witness protection culture" and give out a very clear impression by their consistent conduct that if the accused threatens or tampers with the witnesses (before or after the evidence) he will not be spared by the police, just as earlier there used to be a clear impression given by the police that if the accused touches a policeman he will not be spared. It is only on such firm impressions that the State will be able to deter the problem of hostile witne-sses in criminal trials.