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2008 Supreme(Ker) 571

R.BASANT
Bhagavat Singh – Appellant
Versus
State Of Kerala – Respondent


Judgment :

This case raises certain interesting questions regarding procedures adopted by the courts recording oral evidence. What is the duty of such courts to the witnesses concerned, the parties to litigation and their counsel? How can it be ensured that a fair and transparent procedure is followed in the matter of recording oral evidence? What safe norms should be insisted by the system from judicial functionaries to ensure that fairness and transparency is ensured in the procedure adopted?

2. Petitioner, a lawyer practising at the High Court, has come before this Court with this petition to expunge certain observations made by the learned Sessions Judge, in the judgment in a Sessions case.

.3. That was a prosecution against two accused persons who faced allegations inter alia under S. 3 (1)(x) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act. It was a judgment of acquittal in favour of the said two accused persons. To cut a long story short, petitioner was examined as PW3 in that case. The petitioners wife was examined as PW1. PW1, it was alleged, belongs to the Scheduled Caste whereas the petitioner does not belong to any Scheduled Caste or Scheduled



































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