Saturday, January 30, 2010

Judge pulled up for leaving holes in recording evidence

Pulling up a trial court judge here for not asking an accused questions about vital incriminating evidence and circumstances while recording his statement before concluding the trial in a murder case, the Delhi High Court has itself completed the proceeding.
In the instant case, the accused, Bashir, had allegedly murdered his wife in the Govindpuri area in South Delhi in 2003. He had come to the High Court in appeal against his conviction by the trial court.
Commenting on the ignoring of the evidence by Additional Sessions Judge (ASJ) Narottam Kaushal, a Division Bench of the Court comprising Justice Pradeep Nandrajog and Justice Suresh Kait said: “We are surprised that Shri Narottam Kaushal, ASJ Delhi, has not put the incriminating evidence/circumstance to the appellant of having a quarrel with his wife in the matrimonial house where she was killed. The ASJ has not put the incriminating evidence/circumstance to the appellant that his daughter had seen him running down the staircase.’’
“To put it in simple terms, the incriminating evidence of the appellant being seen running away from his house in early morning on the day of the incident as also the incriminating evidence of sleeping with his wife in the room where she was murdered, the incriminating evidence of the two having a quarrel and finally the incriminating evidence that there is no evidence of any third person entering the house have been put to the appellant,’’ the Bench said.
The Bench also directed that a copy of the order be sent to the Registrar-cum-Secretary of the High Court Chief Justice as well as the Committee of Inspecting Judges of the Additional Sessions Judge.


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