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2009 Supreme(Gau) 674

I.A.ANSARI, C.R.SARMA
Mangal Deb Barma – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: P.K. Biswas, P. Majumdar and R. Debnath, Advs.
For Respondents/Defendant: D. Sarkar, Adv.

JUDGMENT

1. If an innocent is punished as a wrongdoer, peoples' faith, in the rule of law, may get shaken. If, however, wrongdoers escape, as a matter of routine, peoples' faith, in the rule of law, may get completely eroded. If a wrongdoer has to be made accountable to law, the State must improve its law enforcement machinery. No less important is the role of the Judge, who conducts trial in criminal cases, for, he cannot be a mere tape recorder for recording evidence given by the witnesses nor can he be a silent spectator to the evidence produced by the parties. Though a trial Judge must not drop the mantle of a Judge and assume the role of a prosecutor or a defence counsel, the fact remains that his duty is to reach the truth and Section 165 of the Evidence Act gives the Judge adequate power and authority to put any question to any witness at any time - be it during the course of examination-in-chief or cross-examination or at the end of any such examination or re-examination -which, to the Judge, appears to be necessary for a just decision of the case and in order to discover or obtain proof of relevant fact. Though a Judge must not usurp the function of a counsel, he needs to p


















































































































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