Judge & prosecution

Guest (Querist) 20 April 2010 This query is : Resolved
whether can a judge direct the prosecution as to how it should conduct the trial or that can a judge suggest the prosecution to take one step or other in the matters where prosecution is by law or statute legally entitled & has discretionary powers to take any action. like for e.g. In a criminal trial can a judge suggest/ask the public prosecutor, to bring any particular person as a witness before him ?
in my view in this e.g. he should not do so as he is himself empowered u/s. 311 of Crpc, 1973 to summon material witnesses.
but, my question is general that, can a judge help the prosecution to seek the conviction of an accused person.

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R.R. KRISHNAA (Expert) 20 April 2010
In case if the prosecution fails to produce any material witness/evidence the judge /magistrate is always empowered to direct the prosecution to summon the witness.

But a judge cannot help the prosecution to seek the convinction of an accused person. A JUDGE CANNOT ASSUME THE ROLE OF A PROSECUTOR.

Raj Kumar Makkad (Expert) 20 April 2010
Theoretically he cannot help either of the parties during the trial.

K.C.Suresh (Expert) 21 April 2010
A JUDGE HAS SOME DUTIES. HE IS SITTING ON THE DIAS NOT TO WATCH THE PROCEDDINGS AND RECORD THE EVIDENCE. hE HAS A DUTY TO INTERFERE IN THE CASE WHEN THE WITNESS IS MISLEADING, UNNECESSSSARY QUESTIONS WERE PUT, DRAG THE CASE ETC. BUT HE SHOULD NOT FILL UP THE LACUNA OF THE PROSECUTION. BUT THERE ARE SOME WHO THINK THAT THEY ARE THEIR TO CONDUCT PROSECUTION AND CONVICT. THERE ARE FEW WHO STEP INTO THE SHOES OF THE PROSECUTOR AND CONDUCT THE PROSECUTION BY PUTTING LEADING AND DIRECT QUESTIONS AGAINST THE ACCUSED. JUSTICE IS BURIED WHEN IT DELAYED - WHEN IT IS HANDLED BY THE JUDGES WHO ARE ASSUMING THE ROLE OF STATE PROSECUTOR AND INVSTIGATING AGENCIES. ADVOCATES ALSO HAS A FEELING THAT THEY ARE CONDUCTING CASES ON THE MERCY OF JUDGES/MAGISTRATES. WHY THIS TRACK. IT IS BECAUSE THE LACK OF MORAL FIBURE ABOUT THE PROFESSION WE HAVE. NOT ALL BUT A FEW. SORRY.

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