Showing posts with label S 44 of UAPA Act. Show all posts
Showing posts with label S 44 of UAPA Act. Show all posts

Saturday, 24 December 2022

Supreme Court : The court can give Protected Witness's Statement With Identity Redacted to accused as per S 207 of CRPC

  Having said so, we also come to the order passed by the trial court on 11.09.2021 which has been cautiously worded. The order has not only permitted redaction of the address and particulars of the witnesses which could disclose their identities but has further observed as noted aforesaid that even other relevant paras in the statement which would disclose their occupation and identity could be redacted. Thus, a wide discretion has been given and that too for the Special Public Prosecutor to take a call. There could thus have hardly been a grievance raised by the prosecution in this regard. On query to the learned counsel for the respondent as to how this order can in any manner prejudice or have the propensity to disclose the identity of the witnesses or their families with the possibility of harm being caused to them, there has really been no answer. We believe that the order dated 11.09.2021 is both fair and reasonable for the prosecution and defence while protecting the witnesses and not depriving the defence of a fair trial with the disclosure of the redacted portion of the testimony under Section 207 of the Cr.P.C. {Para 27}

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No.237 OF 2022

WAHEED-UR-REHMAN PARRA  Vs UNION TERRITORY OF JAMMU & KASHMIR

Sanjay Kishan Kaul; M.M. Sundresh, JJ.

Author: SANJAY KISHAN KAUL, J.

February 25, 2022

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