ISSUE:
Whether the Sessions Judge violated the principle of a fair trial by rebuking and threatening the witnesses?
Whether a judge in a criminal trial can put questions to witnesses, and if so, to what extent and within what limits?
Whether the First Information Report (FIR), authored by another person, can be used under Section 11 of the Evidence Act to test the credibility of a witness?
RULE:
The presiding judge in a criminal trial must actively participate in the trial by evincing intelligent active interest and by putting questions to witnesses in order to ascertain the truth. However, this must be done without assuming the role of prosecutor or defence counsel, without any hint of partisanship, and without appearing to frighten, coerce, confuse, intimidate, or bully witnesses.
The provisions of the Evidence Act concerning former statements of witnesses become redundant if the testimony of one witness is to be tested or rejected by the former statement of another witness under Section 11 of the Evidence Act.