P&H HC refers case to CJ and recommends training

The Punjab and Haryana High Court expressed shock at the conduct of the judge who found a witness guilty of perjury as he took a controversial stand before the police and the court.

Justice Sanjeev Prakash Sharma and Justice Sanjay Vashisht said:“We are extremely saddened and shocked by the manner in which the concerned Additional Sessions Judge Hisar behaved. We find that the learned Judge proceeded on the assumption that the statement made under Section 161 Cr. a true statement, and a statement made in court constitutes false evidence and also serves as a basis for imposing punishment on the witness concerned.”

The court noted that even before the final decision in the case was rendered on 12/13/2021, the witnesses appearing in favor of the accused were found guilty of perjury, which is completely contrary to the true spirit of criminal jurisprudence.

Stating that the judge needed training on the issue, the court referred the case to the chief judge for administrative action.

These observations were made during an application for deferment of sentence during an appeal brought by a juvenile who was tried as an adult in a murder case and sentenced to life in prison.

The senior counsel appearing for the appellant submitted that the order passed by the Juvenile Justice Board was erroneous as it did not comply with the requirements of Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 as no psychological assessment was carried out on the child who was just 17 years old, was taken before the decision was made to try him as an adult.

Having considered this submission, the court stated that the proceedings instituted by the Juvenile Court against the appellant were prima facie found to be null and void.

He further noted that the applicant had already served a sentence of 4 years 3 months and 21 days.

The court found that prima facie the applicant/appellant could not be sentenced to life imprisonment because the eyewitnesses had turned hostile.

Taking into account the above, the court suspended the execution of the sentence.

Mr. Atul Lakhanpal, Senior Advocate, Ms. Karal, Advocate and Mr. Siddharth Chawla, Advocate appear for the appellant.

Mr. Apoorv Garg, Senior DAG/Public Prosecutor, Haryana.

Title: DEVENDER @ SACHIN VS STATE OF HARYANA

Click here to read/download the order