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2017 Supreme(SC) 294

S.A.BOBDE, L.NAGESWARA RAO
IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS – Appellant
Versus
. – Respondent


Judgement Key Points

In the context of criminal trials, the deposition of witnesses is a critical component of the evidentiary process. The guidelines emphasize that depositions should be recorded in a clear, typed format, preferably using computers, directly in the Court under the dictation of the presiding officer, ideally in English. This approach ensures that the deposition is legible and can be immediately issued as a true copy to both parties on the same day of examination (!) .

Furthermore, each witness's deposition should be divided into separate paragraphs, with paragraph numbers assigned to facilitate easy reference during arguments and in judgments. This structured format enhances clarity and efficiency in referencing specific portions of the deposition later in the trial or appellate proceedings (!) .

The practice of assigning specific nomenclature and numbers to witnesses, such as P.W.s. (Prosecution Witnesses), D.W.s. (Defense Witnesses), and C.W.s. (Court Witnesses), as well as to exhibits and material objects, is strongly recommended. These references should be used consistently throughout the proceedings and judgments to avoid confusion and to streamline referencing (!) .

Additionally, it is advised that depositions be recorded in a manner that allows for easy cross-referencing, with clear paragraphing and numbering, to prevent ambiguity and facilitate efficient case management. The emphasis is on maintaining a standardized, transparent, and accessible record of witness testimonies to uphold the integrity of the trial process (!) .

Overall, these guidelines aim to improve the quality and clarity of depositions, thereby contributing to fairer and more efficient criminal trials.


ORDER

1. During the course of hearing of Criminal Appeal No.400/2006 and connected matters, Mr. R. Basant, learned Senior Counsel appearing for the appellants-complainant, pointed out certain common inadequacies and deficiencies in the course of trial adopted by the trial court while disposing of criminal cases. In particular, it was pointed out that though there are beneficial provisions in the Rules of some of the High Courts which ensure that certain documents such as list of witnesses and the list of exhibits/material objects referred to, are annexed to the judgment and order itself of the trial court, these features do not exist in Rules of some other High Courts. Undoubtedly, the judgments and orders of the trial court which have such lists annexed, can be appreciated much better by the appellate courts.

2. Certain other matters were also pointed out by Mr. Basant, learned Senior Counsel for the appellants-complainant, during the course of arguments. He made the following submissions :

A. In the course of discussions at the Bar while considering this case, this Court had
































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