Chandigarh, Nov 9
A division bench of the Punjab and Haryana High Court, during a case hearing, expressed deep disappointment and shock, stating, “We are saddened and shocked. The judge needs training.” This remark came after a lower court penalized a witness in a murder case for retracting their statement, fining them instead of focusing on the actual case. The matter was escalated to the High Court, which expressed strong disapproval of the lower court’s decision.
The case involved a witness who had initially provided a statement to the police in a murder investigation but later retracted it in court. The additional district and sessions judge fined the witness ₹500 for giving contradictory statements, assuming that the witness’s initial statement to the police was truthful, and that the witness was lying in court. The High Court, shocked by this approach, noted that such actions indicate the judge may require further training.
Fine Imposed on Witness
The murder case was being heard in Hisar’s Juvenile Court, where the accused was 17 but was being tried as an adult. When a witness testified in favor of the accused, despite initially providing a statement against him to the police, the judge fined the witness ₹500 for giving “false testimony.” The High Court questioned this decision, emphasizing that it goes against criminal jurisprudence principles, where a witness should not be penalized for retracting statements.
High Court Observes Violation of Criminal Jurisprudence
The High Court bench stated that such an order contradicts criminal jurisprudence and remarked that the judge might need training on this aspect. Noting that the judge involved was not present before the High Court, the bench refrained from making further comments but deemed administrative action appropriate. Consequently, the bench has forwarded the matter to the Chief Justice, recommending administrative action if deemed necessary.
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