Sketches of social life in IndiaBuckland, C. T. (Charles Thomas)
History
Sketches of social life in India
Buckland, C. T. (Charles Thomas)
British -- India -- Social life and customs; India -- Social life and customs
The most difficult part of a judge’s duty consists in trying criminal
cases at the sessions. When an accused person is committed by a
magistrate on a charge of murder or any other offence with which the
magistrate cannot deal finally, he is tried by the sessions judge and by
a jury of his countrymen. The prosecution is usually conducted by the
Government pleader, whilst the accused retains the services of the best
counsel that he can afford to pay. The judge records the evidence in
English with his own hand, being himself the interpreter of the actual
words in the native language in which it is delivered, whilst
simultaneously a native clerk records, or is supposed to record, the
actual words spoken by the witness. This imposes a severe task on the
judge. He has to listen to what the witness says in the vernacular, he
has to interpret and record its meaning in English, and he has to
consider the effect of each successive question and answer on the whole
of the witnesses’ evidence. This triple mental operation is very severe,
and imposes too hard a strain upon the judge. When the evidence for the
prosecution and the defence is completed, and the counsel on either side
have exhausted their eloquence, the judge has the pleasure of summing up
the evidence and directing the jury in their vernacular language, a
rather arduous task, but we have heard many men do it with much credit
to themselves. Perhaps some of our judges in England would not be quite
at ease if they had to sum up the evidence and address an English jury
in French, or in dog-Latin; but the suggestion may convey to the reader
some idea of the difficulty to which an English judge in India is
subject. Finally, the judge records his decision elaborately in English,
in case the prisoner, if convicted, should appeal to the High Court
against his sentence.
Public-domain text, read in full here on John Shaqi.
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