The object of a criminal trial is to mete out justice, convict the guilty, and protect the innocent. Therefore, the trial should be a search for the truth, not about overemphasis on technicalities, and must be conducted under rules that protect the innocent and punish the guilty. Failure to accord a fair hearing, whether to the accused or the prosecution, violates even the minimum standards of due process of law.

The state has a definite role in protecting witnesses, particularly in sensitive cases involving those in power, who have political patronage and can wield muscle and money power to avert the trial, thereby tainting and derailing the process, and making truth a casualty.

The courts exist to dispense justice to those affected. The trial or the first appellate courts cannot be swayed by abstract technicalities and must not close their eyes to factors that need to be positively probed and noticed. The court is not merely a tape recorder for recording evidence, thereby overloading the object of the trial, i.e., to uncover the truth. Courts must ensure that accused persons are punished and that the power or authority of the State is not used to shield the guilty.

Section 311 of the Criminal Procedure Code (CrPC) and Section 165 of the Evidence Act confer vast and wide powers on presiding officers of the court to elicit all necessary materials by playing an active role in the evidence-gathering process. The power of the court under Section 165 of the Evidence Act is complementary to its power under Section 311 of the CrPC.

Furthermore, if the appellate court considers additional evidence to be necessary, the provisions in Section 386 of the Criminal Procedure Code, 1973, and Section 391 of the CrPC, 1973, must be harmoniously considered to enable the appeal to be reviewed and disposed of in light of the additional evidence. Thus, when the court, through carelessness or ignorance, has omitted to record circumstances essential to the elucidation of truth, the exercise of powers under Section 391 of the CrPC, 1973, is desirable.

Written By: S Kundu & Associates
Email: [email protected], Ph No: +9051244073