SALDANHA, J. ( 1 ) WE have heard the learned Addl SPP on merits in this appeal. We need to take serious cognizance of the submission canvassed by him. He has pointed out that the PWs 1 to 3 have given evidence to the effect that the accused had assaulted them with bricks and an iron rod and that they sustained injuries. Apart from minor in consistencies, which are quite natural in the circumstance of the case, the submission is that the evidence of the witnesses is more than sufficient to sustain a conviction and that the acquittal was unjustified. ( 2 ) ON a perusal of the order passed by the learned JMFC what we find is that the prosecution has not even tendered the wound certificate nor for that matter has the prosecution examined two crucial witnesses, namely, the Doctor and the investigating Officer. The learned counsel submitted before us that the record indicates that the IO and the Doctor did not remain present despite necessary efforts being made and that, therefore, the case had to be disposed of in their absence. ( 3 ) WE absolutely refuse to accept this explanation because in a case of this nature it has resulted in gross miscarriage of justice. In the present instance, the evidence is to the effect that the accused damaged the wall belonging to the complainant, but more importantly that the injuries were caused in the assault to PWs 1 to 3. Normally, the Court would have, as justice requires, imposed suitable punishment on the wrong doers and also would have ensured that the injured or aggrieved parties are compensated for their injuries and loss. ( 4 ) BEFORE issuing appropriate directions to the Authorities for taking corrective action, we consider it necessary to point out that the Presiding Officers of the Courts in such instances are not to adopt a dispassionate and disinterested approach and to leave everything in the hands of the Prosecutor an mechanically pass acquittal orders on the ground that the evidence was not produced. The Presiding Judge of the Court is required to play his part in ensuring that the trial results in a correct verdict and towards its end, the officer is required to play the supervisory role even with regard to the procedural aspect and day to day conduct of the case.
The Presiding Judge of the Court is required to play his part in ensuring that the trial results in a correct verdict and towards its end, the officer is required to play the supervisory role even with regard to the procedural aspect and day to day conduct of the case. If the wound certificates are deliberately kept back or it has happened due to negligence, the Presiding Officer is equally duty bound to direct the Prosecutor to produce all the relevant documents in the course of the trial and the same goes with regard to the examination of material witnesses. The Presiding Officer is not required nor would it be correct on his part to merely accept the statement from the Prosecutor that witnesses have disobeyed the summons or are making themselves scare. The Code of Criminal Procedure vests the Court with necessary powers to ensure the attendance and the Presiding Officers are required to use these powers in order to ensure that the ends of justice are taken care of. ( 5 ) THE Director of Prosecution is specifically directed by us to bring to the notice of the Prosecution in all the Sub-Ordinate Courts in the State that they are required to conduct their functions with a sense of professionalism and that this Court expects and insists upon a high level of proficiency in this regard. No laxity of any type will be tolerated and the persecution shall be cautioned that if any instances of negligence or unprofessional conduct or lack of integrity, come to the notice of the High Court, that stringent action will follow. This shall be done through the issue of a Circular and steps shall be taken to ensure that every Prosecutor receives the circular in all the sub-ordinate courts in the State. A copy of the same shall be forwarded to the Registrar General for the purpose of a Report to this Court that the directions have been complied with and this shall be done within an outer limit of four weeks from today.
A copy of the same shall be forwarded to the Registrar General for the purpose of a Report to this Court that the directions have been complied with and this shall be done within an outer limit of four weeks from today. ( 6 ) SIMILARLY, the Director General of Police, shall take necessary steps to bring it to the notice of the members of the Police Department that the High Court has taken a very serious view of two aspects; firstly, the non service of notices and summons by the Police resulting in witnesses not remaining present and secondly, what is far more serious is that witnesses from the Department, i. e. , persons of different ranks right up to the Investigating Officer, remaining absent in numerous cases. This is causing not only disruption of the working of the Courts but is also resulting in failure of prosecutions. We do not desire to record here the subsidiary charge that in many of the cases the allegation is to the effect that all this is happening in total collusion with the accused. The Director General of Police shall bring these observations of the High Court to the notice of the concerned members of the Police force at all levels in the state and shall State caution them that stringent action will follow from the High Court in the event of any lapse in future This Court expects diligent and professional approach from the Police Department and will enforce it at all costs. ( 7 ) LASTLY, irrespective of the Prosecution and the Police Department, this Court has found that in several instances the cases have gone by default for want of the relevant medical evidence and the reason put forward is that despite notice or summons being sent to the Hospital or Doctor that the witness remained absent While, we do concede that the Doctors are reasonably hard pressed for time and that attending criminal courts and giving evidence is a cumbersome exercise and puts the Doctors to maximum difficulty, which is available, the Presiding Officer of the Criminal Courts shall intimate the Prosecutors that whenever the Doctors are present for the purpose of medical evidence that even if it necessary the case shall be taken out of turn, their evidence taken and the Doctor shall be relieved at the earliest point of time.
At the same time, this Court expects that the Doctors and the Institutions will be careful and diligent and will act more responsibly, and consequently, we direct the Director of Public Health to bring it to the notice of the Superintendent of all the hospitals and other Institutions in the State, from where these witnesses will be required to attend that this Court will not excuse them if they disobey or disregard the notice and summons from the Courts in future. The same applies to the production of registers, certificates, etc, which are the integral parts of the prosecution case. ( 8 ) THE Registrar General to forward a copy of this Judgment to the Director of Prosecution, Director General of Police and Director of Public Health with instructions to report compliance within an outer limit of four weeks from today. The reports from in question be placed before this Court as and when the same are received Copies of this Judgment to be circulated all the to Criminal Courts. ( 9 ) APART from the aforesaid directions, as far as the merits concerned, despite the submission canvassed by the learned Addl SPP the result of the non-examination of the Doctor and the Investigating Officer compounded by the non-production of the wound certificate, renders it impossible for us to assess what was the nature and gravity of the injuries or for that matter, or the manner in which the injuries are caused. The case has virtually gone by default before trial Court and that the damage that has taken place is fatal and irreversible. Under these circumstances, we have no other option except to dismiss the appeal on merits. So far as the IA-I for condonation of delay is concerned, in view of the grounds that have been adduced, the IA-I is allowed and the delay is condoned. --- *** --- .