How does it really help a lawyer to see original records of a criminal case. One example
It happened when I was practising in Gujarat High Court.
I was assigned a legal aid criminal appeal from a life sentence conviction and to defend a poor person.
I checked the record.
At end of trial, a judge has to ask accused, " Do you want to examine any witnesses for your defence?" If he says yes, the judge has to call and examine his witnesses and then only he can give judgement.
In this particular case, Judge asked accused if he wanted to examine defence witnesses and he replied, "Yes."
Then judge gave judgement and convicted and sent accused to life imprisionment in jail.
This was probably a bonafide mistake. The Judge should have asked him for name of his witnesses and should have examined those witnesses.
I pointed out this one fatal mistake in trial to High Court Judge. He agreed.
The judgement was set aside and trial court was directed to examine witnesses of accused.
Haresh Raichura
25/9/13
