Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
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 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: ss. 386, 223 – Power of appellate court to direct retrial – Scope of – Held: Appellate Court may direct a retrial only in ‘exceptional’ circumstances to avert a miscarriage of justice – Mere lapses in the investigation are not sufficient to warrant a direction for re-trial – Only if the lapses are so grave so as to prejudice the rights of the parties, a retrial can be directed – On facts, two FIR’s relating to the offences in the same transaction, one arising out of the alleged gang rape of the prosecutrix; and other arising out of the suicide of the prosecutrix – Order by the High Court remitting the judgments of conviction and acquittal of the Additional Sessions Judge in the trials arising out of the two FIRs and directing that trials be clubbed and tried together as provided u/s. 223, is a travesty of justice – With a lapse of over 7 years since the date of the incident, a retrial would not advance the cause of justice but would result in a serious miscarriage of justice – Even if it is conceded that the alleged offences committed in the two FIRs were committed in the course of the same transaction, within the meaning of the phrase in s. 223(d), it does not warrant the exercise of discretion to direct a retrial followed by a joint trial – It was imperative for the accused to prove that the separate trials caused a miscarriage of justice – No explanation rendered on the aspect of a miscarriage of justice – Furthermore, the holding of separate trials was not contrary to law and that there was no resultant failure of justice demonstrated to the satisfaction of the High Court – Thus, the order by the High Court set aside. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 642 |
Petitioner | Nasib Singh |
Respondent | The State Of Punjab & Anr. |
SCR | [2021] 13 S.C.R. 566 |
Judgement Date | 2021-02-08 |
Case Number | 1051 |
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