P&H HC refers case to CJ and recommends training

The Punjab and Haryana High Court has expressed shock over the conduct of a judge who held the witness guilty of making a false statement for taking a contradictory stand before the police and the Court.

Justice Sanjeev Prakash Sharma and Justice Sanjay Vashishth said this“We are extremely pained and shocked by the manner in which the concerned Additional Sessions Judge, Hisar, has behaved. We find that the learned Judge has continued on the supposition that the statement made under Section 161 Cr. PC before the police the truthful statement and the statement made in the court is a false evidence and also leads to the imposition of punishment on the concerned witness.”

The Court noted that even before the case was finally decided on December 13, 2021, the witnesses who testified in favor of the accused were found guilty of making false statements, which is completely contrary to the true spirit of criminal law case law.

The Court stated that it appears that the judge needs training in this area and referred the matter to the Chief Justice for administrative action.

These observations were made during the hearing on the application of the suspension of sentence while an appeal was pending, filed by a minor who was tried as an adult in a murder case, and he was sentenced to life in prison.

The senior counsel appearing for the appellant submitted that the order of the Juvenile Justice Board was vitiated as it did not comply with the requirements of Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 as there was no psychological assessment of the child, who was only 17 years old, was undertaken before concluding that he should be tried as an adult.

In view of the arguments, the Court is of the opinion that the proceedings initiated by the Children’s Court against the appellant are prima facie invalid.

It further noted that the appellant has already undergone a total sentence of 4 years, 3 months and 21 days.

The court held that prima facie, therefore, the applicant/appellant could not have been sentenced to life imprisonment as the eyewitnesses had turned hostile.

In view of the foregoing, the court suspended the sentence.

Mr. Atul Lakhanpal, Senior Advocate, with Ms. Caral, Advocate, and Mr. Siddhart Chawla, Advocate, for the appellant.

Mr. Apoorv Garg, Senior DAG/Public Prosecutor, Haryana.

Title: DEVENDER @ SACHIN V/S STATE OF HARYANA

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