Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | victim’s counsel participation in prosecution case s.301 r/w. s.24(8) victim’s counsel Cr.P.C |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973 – s.301 r/w. s.24(8) – The Extent to which a victim’s counsel can participate in prosecution of a case – Consideration of – Prosecution case was that appellant’s husband was stabbed and murdered by respondent No.2 – Appellant filed an application u/s.301 r/w. s.24(8) of Cr.P.C. and sought oral arguments, examination and cross-examination after the Public Prosecutor – Application was rejected by the Trial court – High Court affirmed the order of the Trial court – On appeal, held: The use of the term “assist” in the proviso to s.24(8) in crucial, and implies that the victim’s counsel is only intended to have a secondary role qua the Public Prosecutor – A mandate that allows the victim’s counsel to make oral arguments and cross-examine witnesses goes beyond a mere assistive role and constitutes a parallel Prosecution proceeding by itself – Given the primacy accorded to the Public Prosecutor in conducting a trial, as evident from s.225 and s.301(2), permitting such a free hand would go against the scheme envisaged under the Cr.P.C. – However, if the victim’s counsel feels that a certain aspect has gone unaddressed in the examination of the witnesses or the arguments advanced by the public prosecutor, he may route any questions or points through the public prosecutor himself – Further, if there is a situation where the public prosecutor fails to highlight some issue suggested by the victim’s counsel, he can still channelise his questions or arguments through the Judge first – Therefore, the High Court was correct in dismissing the application made by the appellant. Criminal Trial – Public Prosecutor – Importance of – Held: Public Prosecutor is an officer of the Court and his primary duty is to assist the Court in arriving at the truth by putting forth all the relevant material on behalf of the prosecution – While discharging these duties, he must act in a manner that is fair to the Court, to the investigating agencies, as well to the accused – This means that in instances where he finds material indicating that the accused legitimately deserves a benefit during the trial, he must not conceal it – The space carved out for the Public Prosecutor is clearly that of an independent officer who secures the cause of justice and fair play in a criminal trial. |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2019 INSC 1269 |
Petitioner | Rekha Murarka |
Respondent | The State Of West Bengal And Anr. |
SCR | [2019] 14 S.C.R. 106 |
Judgement Date | 2019-11-20 |
Case Number | 1727 |
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