Abstract

It is known in common parlance that India follows an adversarial system of criminal justice. The confines of the criminal law and grievance redressal are defined and purported by the Indian Evidence Act (now, the Bhartiya Sakshya Adhiniyam 2023), the Criminal Procedure Code 1973 (Bhartiya Nagarik Suraksha Samhita, 2023), and the Bhartiya Nyaya Sanhita 2023 (formerly the Indian Penal Code 1860). It is these laws that from the bulk of criminal law in India and hence the procedural aspects of justice delivery are also mentioned in it. In any case, whether it is civil or criminal, the witnesses are extremely important. As Bentham has stated that witnesses are the eyes and ears of justice, it is true that without witnesses, and in exceptional cases, only the witnesses; it is very difficult to reach to a justified and legally sensible conclusion of a case. In the case that is meant to be analyzed and commented upon, in the present submission, the Apex Court highlighted the importance of the duty of trial courts in examining the vital or the lead witnesses in a case. It also commented upon the negative effect that such non-examination has on the trial. The very basis of a criminal trial is the investigation process and its final report, the examination of the witnesses, appreciation of the evidence collected and produced and other procedural phases. However, witnesses are the most important cog in the wheel of the whole process. Thus, the present case comment strives to lay down an introductory explanation, followed by the factual matrix of the case and the arguments reproduced by the learned counsels on both sides and the judgment. Apart form this, the discussion and analysis part strives to delve deeper into the importance of the witnesses and thus take important phrases from landmark judgments while analyzing the present one.

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