New Delhi, Oct 23 The Supreme Court has issued a stern warning to witnesses attempting to mislead trial proceedings in a criminal case, directing that any such conduct be dealt with strictly by the trial court.
Remarking that the integrity of the judicial process must be preserved, a bench of Justices Ahsanuddin Amanullah and N.V. Anjaria observed: "If the trial court finds that any witness has tried to take sides in their deposition without being truthful to the court, the court shall take suo motu cognisance of such conduct and initiate action in their individual capacity."
The observation came amid submissions by senior advocate Vipin Sanghi, appearing for the petitioner, that three private prosecution witnesses had turned hostile after the accused/respondent no.2 was released from custody.
Sanghi added that such a development "speaks volumes about the conduct of the respondent".
Although senior advocate Mukta Gupta, appearing for the accused, "strongly denied such allegation", the apex court expressed concern over the possible influence on witnesses.
Stressing the need for fairness, the Justice Amanullah-led Bench also directed that the remaining official witnesses — two doctors and Forensic Science Laboratory (FSL) officers — record their evidence "under full police protection, without the witnesses being intimidated or influenced in any manner".
"Keeping in view the fact that now all private individuals, who were prosecution witnesses, have been examined, and only two doctors and the Forensic Science Laboratory(FSL) officers, who are official witnesses, remain to be examined, we direct the learned Senior Advocate for the respondent no.1 (State) to ensure that the remaining witnesses record their evidence under full police protection, without the witnesses being intimidated or influenced in any manner," the apex court said.
It further ordered that its directions be "communicated to the concerned witnesses prior to their deposition".
The matter has been listed for further hearing on December 11.
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