Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | to watch prosecution witness Examination of witnesses without accused Affect of right of accused Criminal trial Chapter XXVIII is wide |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Examination of witnesses without ensuring presence of accused in the Court – Affect of – Criminal trial – Conviction and death sentence – Death Reference and appeals by accused – High Court quashed the judgment of trial court on the ground that the trial court had recorded the statements of twelve witnesses in the absence of accused – Direction to trial Court to record statements of the witnesses after securing presence of the accused in the court – In appeal, held: The right of accused to watch the prosecution witness is a valuable right – There was an infringement of such right in the present case – The direction issued by the High Court ensures examination of the witnesses in the presence of the accused. Chapters XXVIII and XXIX – Proceedings under – Power of High Court – Held: The scope of Chapter XXVIII is wide – The proceeding under this Chapter is a proceeding in continuation of the trial – Provisions of this Chapter entitle the High Court to direct further enquiry or to take additional evidence, or even acquit the accused – Scope of Chapter XXIX is also wide – Direction by the High Court for de nove examination of the witnesses, in exercise of powers within Chapters XXVIII and XXIX was well within the powers of High Court. Criminal Trial: Retrial of criminal case – Held: Retrial of criminal case is not to be taken resort to easily and must be made in exceptional cases. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2019 INSC 516 |
Petitioner | Atma Ram & Ors. |
Respondent | State Of Rajasthan |
SCR | [2019] 5 S.C.R. 714 |
Judgement Date | 2019-04-11 |
Case Number | 656 |
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