Examine Private Witnesses First; Try To Complete Their Chief & Cross-Examination On Same Day : Supreme Court To Trial Courts

The Supreme Court observed that 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.

"We would expect the trial courts to take up the examination of the private witnesses first, before proceeding with that of the official witnesses", the bench comprising Justices Sanjay Kishan Kaul and MM Sundresh said while disposing of a criminal appeal. The court noted that long adjournments given after the completion of the chief examination, only helps the defense to win them over at times, with the passage of time.

In this case, one of the witnesses spoke about the incident in his chief examination. In cross examination, which was conducted after some days, he disputed the very factum of his chief examination made before the court. The accused were convicted by the Trial Court. In appeal, the High Court sentenced them to life imprisonment. 

While dismissing their appeal, the Apex Court bench noted that in Vinod Kumar v. State of Punjab, (2015) 3 SCC 220, it had already dealt with a situation where a witness after rendering testimony in line with the prosecution's version, completely abandoned it, in view of the long adjournments given permitting an act of manoeuvring. The bench, in this regard, observed:

"Day in and day out, we are witnessing the sorry state of affairs in which the private witnesses turn hostile for obvious reasons. This Court has already expressed its views on the need for a legislative remedy to curtail such menace. Notwithstanding the above stated directions issued by this court in Vinod Kumar (supra), we take judicial note of the factual scenario that the trial courts are adjourning the cross examination of the private witnesses after the conclusion of the cross examination without any rhyme or reason, at the drop of a hat. Long adjournments are being given after the completion of the chief examination, which only helps the defense to win them over at times, with the passage of time. Thus, we deem it appropriate to reiterate that 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. To further curtail this menace, we would expect the trial courts to take up the examination of the private witnesses first, before proceeding with that of the official witnesses. A copy of this judgment shall be circulated to all the trial courts, to be facilitated through the respective High Courts."

The court noted that a witness may depose in favour of a party in whose favour it is meant to be giving through his chief examination, while later on change his view in favour of the opposite side. Similarly, there would be cases where a witness does not support the case of the party starting from chief examination itself.

"This classification has to be borne in mind by the Court. With respect to the first category, the Court is not denuded of its power to make an appropriate assessment of the evidence rendered by such a witness. Even a chief examination could be termed as evidence. Such evidence would become complete after the cross examination. Once evidence is completed, the said testimony as a whole is meant for the court to assess and appreciate qua a fact. Therefore, not only the specific part in which a witness has turned hostile but the circumstances under which it happened can also be considered, particularly in a situation where the chief examination was completed and there are circumstances indicating the reasons behind the subsequent statement, which could be deciphered by the court. It is well within the powers of the court to make an assessment, being a matter before it and come to the correct conclusion.", the bench added.

Case name : Rajesh Yadav vs State of UP
Citation: 2022 LiveLaw (SC) 137
Case no.|date: CrA 339-340 OF 2014 | 6 Feb 2022
Coram: Justices Sanjay Kishan Kaul and MM Sundresh

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