Excelsior Correspondent
JAMMU, Feb 7: Jammu and Kashmir State Judicial Academy today conducted one day Special Training Programme for Public Prosecutors, Addl. Public Prosecutors, Chief Prosecuting Officers, Sr. Prosecuting Officers and Prosecuting Officers of Jammu province on “Examination of Witnesses in Criminal Trials” at J&K State Judicial Academy complex.
The programme was conducted under the guidance and patronage of Chief Patron of State Judicial Academy, Justice N. Paul Vasanthakumar, Chief Justice, High Court of Jammu and Kashmir and Committee of Judges, State Judicial Academy (Justice Muzaffar Hussain Attar, Chairman, and Justice Janak Raj Kotwal, Member Committee, State Judicial Academy).
Justice Bansi Lal Bhat, Judge, High Court of Jammu and Kashmir presided over the morning session. Besides, D.K. Kapoor, former District and Sessions Judge and Baldev Singh, former Director Prosecution were the resource persons.
The proceedings were conducted by Abdul Rashid Malik, Director, State Judicial Academy. He deliberated on the need for such training programmes for the prosecutors as the accused is always presumed to be innocent and burden of proof rests upon the prosecution. Fair trial is the main object of Code of Criminal Procedure and Evidence Act. The duty of prosecutors is to search the truth so that the court can arrive at a just conclusion.
In his inaugural address, Justice Bansi Lal Bhat gave overview of the programme and deliberated on the topic at length. While speaking on the duties and functions of prosecutors, he said that fundamentally a fair and impartial trial has sacrosanct purpose. It has a demonstrable object that the accused should not be prejudiced. A fair trial is required to be conducted in such a manner which would totally ostracize injustice, prejudices, dishonesty and favouritism.
The duty of the prosecutors is to place the truth before the court. Denial of fair trial is as much injustice to the accused as is to the victim and to the society. It necessarily requires a trial before an impartial judge, a fair prosecutor and an atmosphere of judicial calm. The prosecutors are performing a sacred duty to ensure fair trial because law does not countenance a mock trial. The witnesses are the eyes and ears of the court and have to be respected and encouraged to speak the truth, he said.
In the 2nd session, D.K. Kapoor, former District and Sessions Judge deliberated upon the provisions of Evidence Act relating to examination of witnesses in criminal trials and highlighted different stages in testimony of witness, examination of child witness, deaf and dumb witness, rape victims and the expert witnesses were also deliberated upon in the session. The participants interacted with the expert and the Director, State Judicial Academy with their queries and questions which were responded to very eloquently.
In the last sessions, Baldev Singh, former Director Prosecution discussed different provisions of Code of criminal Procedure relating to examination of witnesses in criminal trials.
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