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In a very efficient order the Punjab and Haryana High Court bench comprising Justice Rajiv Sharma and Harinder Singh Sidhu gave directions towards witness protection and to ensure the integrity of their testimony during criminal trial.
In the present case was of an appeal of 2014 which found two persons guilty of murder. Of the two, one of the accused died during the pendency of the case. The conviction was confirmed and the appeal was dismissed. However, the Court also issued directions for ensuring the protection of witness testimony, in view of the State's obligations in this regard. In the instant case three official witnesses present at the spot of the crime turned hostile during the trial. There was also a delay of six months in the examination of another witness.
Among the directions issued, the first one was that there would be no adjournments in criminal trials save for cogent, convincing, special reasons.All trial courts in Punjab are to examine eye-witnesses expeditiously on a day-to-day bases/continuous basis in line with Section 309, CrPC. Adjournments for next day shall be granted only after recording cogent, convincing and special reasons. Witness protection measures will be taken which include suitable amendments to the Indian Penal Code and the Code of Criminal Procedure within three months to punish the persons inducing, threatening and pressurizing any witness to give false statements and also that the Police must have emergency contact numbers of witnesses, close protection for the witnesses, regular patrolling around the witness's house, escort to the Court and from the Court to their home with provision of Government vehicle or a State-funded conveyance on the date of hearing. The investigating officers are to record witness testimony by audio-video and electronic means. Lastly, there will be disciplinary action taken against hostile witnesses in the present case.
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