Judge witness a crime:
N.K.Assumi
(Querist) 10 September 2008
This query is : Resolved
If a Judge saw A committing a crime but in the trial before him the prosecution proved the guilt of the accused against B, should the judge convict B, despite the fact that he knew that A commit the crime?
Rajesh Kumar
(Expert) 10 September 2008
If a judge has been witness to a crime, he should recuse himself from the case.
Nevertheless, if the present situation arises, the judgment must be on the basis of evidence adduced in the court of law and personal knowledge or opinion of the judge is irrelevant is deciding the case.
sanjay kumar patibandla
(Expert) 10 September 2008
No, He can not convict A.
Here we should not forget that any citizen witnesses any offense he must inform it to the police. Even judge has to do so only. Police must examine him and the police has to file charge sheet by mentioning the name of the judge in list of witnesses.
That judge shall not try that case.
In your circumstances Judge has to act according to depositions witnesses and the same time he can't go beyond charge sheet.
N.K.Assumi
(Querist) 10 September 2008
Dear Rajesh and Sanjay,
very interesting and clever answer, but lets wait and see for more opinion.
deepak kumar
(Expert) 10 September 2008
a judge witnessing a crime is duty bound to inform the police and be a witness in the trial. There is no question of him judging the case.
advocatesdiary.blogspot.com
G. ARAVINTHAN
(Expert) 10 September 2008
If judge is a witness for a scene of Occurrence, at that time itself he loses his power to take cognizance. He must himself releave from the case
SANJAY DIXIT
(Expert) 11 September 2008
Well said by the above friends.
Judge can't convit A.
