Law: Criminal Procedure Code (V of 1898)

Section: 293,539(B)

  (a) View by jury of scene of crime in absence of Judge Unobjectionable if view simple, without witnesses or demonstra tions-Fatal to trial if with witnesses or demonstration-State ments of witnesses or demonstration part of evidence-Judge going to retiring room while witness is giving evidence-Fatal to trial-Criminal Law (Procedure) Ordinance of 1953 (British Guiana). S. 45 (i), (ii)-Criminal Procedure Code (V of 1898), Ss. 293 & 539-B.   Held, that there is nothing wrong in a view of the scene of crime by the jury in the absence of the Judge, provided there are no witnesses and no demonstrations at the view. This kind of view is a simple one and is on a par with the common case where a thing is too large or cumbrous to bring into Court but is left in the yard outside for the jury to be taken to see it.   But it is very different when a witness demonstrates to the jury at the scene of a crime. By giving a demonstration he gives evidence just as much as when in the witness box he describes the place in words or refers to it on a plan. A simple pointing out of a spot is a demonstration and part of the evidence. Whilst giving it the witness would still be bound by the oath which he had already taken to tell the truth. If he wilfully made a demonstration, material to the proceedings, which he knew to be false, he would be guilty of perjury.   Such a view must be held in the presence of the Judge. It is the very essence of a criminal trial that it must be decided on the evidence before the Court and not on any outside information ; and that the Judge and jury must be present throughout the giving of the evidence and every part of it, so as to be able to appreciate it and assess its worth and throughout the speeches of counsel too. The summing up of the evidence by an impartial Judge with a trained mind is an essential part of every criminal trial; but it can only properly be done by a Judge who has heard all the evidence and seen all the demonstrations by witnesses.   It is not only undesirable but it is wrong for a view to be had with witnesses in the absence of the Judge.   One of the principles of a fair trial before a Criminal…