Delhi HC directs lower judiciary to follow procedure of CrpC

The Delhi High Court has expressed its concern over the functioning of trial courts and observed that there were several instances where wrongs were being committed in the trial procedure. A bench comprising Justices Pradeep Nandrajog and Aruna Suresh pulled up the presiding officer of the lower judiciary for not observing procedures in a case of rape-cum-murder and asked the Judge to conduct the trial afresh and pronounce the order again. The High Court observed that the trial court had made liberal use of information received by police control room van from a witness, who named Prakash as the culprit whereas it was not permissible under the law. It said the trial courts were regularly committing wrongs, which were not acceptable by the law and was against the criminal jurisprudence. Referring to another instance of flouting rules of the criminal trial system, the bench observed that a child witness was examined without any court question being put to him to ascertain whether he understood the questions pertaining to the case. He was not examined properly; hence the case could not be concluded with fairness. Similarly, giving another example, it held that there were number of cases where incriminating documents were not put to the accused and the witness was not being properly cross-examined. The High Court directed the Registry to direct all the judges to follow procedures of the Criminal Procedure Code (CrPC) while conducting trial of criminal cases. It also held to circulate the copy of the order to all judges, particularly Judges of the Sessions Courts so that proper procedures were followed.

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