Case Note & Summary
The appeal arose from a Sessions trial where the appellant, Rekha Murarka, was the widow of the deceased and de facto complainant in a murder case. She sought permission under Section 301 read with proviso to Section 24(8) of the Code of Criminal Procedure, 1973 (CrPC) to actively participate in the prosecution, including making oral arguments, examining witnesses, and cross-examining defence witnesses. The trial court rejected her application, holding that the prosecution must be conducted solely by the Public Prosecutor under Section 225 CrPC, and only permitted her to submit written arguments. The Calcutta High Court affirmed this order. The Supreme Court considered the extent of a victim's counsel's participation in a Sessions trial. The Court analyzed Sections 24(8) proviso, 225, 301, and 302 CrPC, and held that these provisions are complementary. The Public Prosecutor retains control of the prosecution, but the victim's counsel can assist by making oral arguments, suggesting questions, and cross-examining witnesses with the court's permission. The Court emphasized that the victim's counsel must act under the direction of the Public Prosecutor and cannot conduct the prosecution independently. The impugned orders were set aside, and the trial court was directed to permit the appellant's counsel to assist the prosecution in the manner specified, subject to the court's discretion.
Headnote
A) Criminal Procedure - Victim's Participation in Prosecution - Sections 301, 302, 24(8) proviso, 225 CrPC, 1973 - The victim's counsel may assist the prosecution by making oral arguments, examining witnesses, and cross-examining defence witnesses, subject to the permission of the court and under the direction of the Public Prosecutor - Held that the proviso to Section 24(8) and Section 301 are complementary and do not bar active participation (Paras 10-14). B) Criminal Procedure - Role of Public Prosecutor - Section 225 CrPC, 1973 - The Public Prosecutor is an officer of the court and must conduct the prosecution independently, but the victim's counsel can assist without usurping control - Held that the mandate under Section 225 does not preclude the victim's counsel from participating (Paras 8-9). C) Criminal Procedure - Interpretation of 'assist the prosecution' - Proviso to Section 24(8) CrPC, 1973 - The term 'assist' includes making oral submissions, suggesting questions, and cross-examining witnesses with court's permission - Held that the victim's counsel can play an active role to ensure justice (Paras 12-14).
Issue of Consideration
Extent to which a victim's counsel can participate in the prosecution of a Sessions trial under Section 301 read with proviso to Section 24(8) of the Code of Criminal Procedure, 1973
Final Decision
Appeal allowed. Impugned orders of the High Court and trial court set aside. The trial court is directed to permit the appellant's counsel to assist the prosecution by making oral arguments, examining witnesses, and cross-examining defence witnesses, subject to the permission of the court and under the direction of the Public Prosecutor.
Law Points
- Victim's counsel can assist prosecution under Section 301 read with proviso to Section 24(8) CrPC
- including oral arguments and cross-examination with permission of court
- Public Prosecutor retains control of prosecution
