The Supreme Court has suggested the trial courts from across the country to make efforts to complete the examination of private witnesses as fast as possible, preferably the same day.
A Bench comprising Justice Sanjay Kishan Kaul and Justice MM Sundresh said it was constrained to record its anguish on the deliberate attempt to derail the “quest for justice” as day in and day out, it was witnessing the sorry state of affairs, in which the private witnesses turn hostile for “obvious reasons”.
The trial courts shall endeavor to complete the examination of the private witnesses, both chief and cross on the same day as far as possible, the bench noted.
The top court passed the order on appeals filed by four appellants challenging the Allahabad High Court verdict, which had sentenced them to life in connection with a case lodged in 2004, in which two persons were shot dead.
The bench said the apex court had already expressed its views on the need for a legislative remedy to curtail the menace of private witnesses turning hostile for obvious reasons.
The Apex Court said that a copy of its judgement be circulated to all the trial courts, to be facilitated through the respective high courts.
The bench noted that the expression “hostile witness” does not find a place in the Indian Evidence Act and it is coined to mean testimony of a witness turning to depose in favour of the opposite party.
It noted that the trial court is the best court to decide on the aspect as no mathematical calculation or straightjacket formula can be made on the assessment of a witness, as the journey towards the truth can be seen better through the eyes of the trial judge. Dealing with the case, the bench said three eye-witnesses were examined by the prosecution in the case.
It said one of them turned hostile, but he had stated about the incident in his chief examination. The Bench dismissed the appeals against the High Court verdict, saying it conforms with the well-merited judgement. Earlier, the trial court had convicted these accused in the case.