Supreme Court held that a Private Counsel of Victim cannot examine witnesses and make arguments instead of the Public Prosecutor or Assistant Public Prosecutor.
From Para 10
10. From a reading of these provisions, it is clear that a Public Prosecutor is entrusted with the responsibility of conducting the prosecution of a case.ย That this is a crucial role is evident from conditions such as in Section 24(7), which stipulates a minimum legal experience of seven years for a person to be eligible to be a Public Prosecutor. It is further clear from a joint reading of Section 301 and the proviso to Section 24(8) that the two provisions are mutually complementary. There is no bar on the victim engaging a private counsel to assist the prosecution, subject to the permission of the Court.
Rekha Murarka Vs State of WB and Anr on 20 November, 2019
Citations: [2019 SCC ONLINE SC 1495], [2020 SCC 2 474], [2020 SCC CRI 1 496], [2020 AIR SC 100]
Other Sources: https://indiankanoon.org/doc/65107762/
https://www.casemine.com/judgement/in/5dd794e33321bc2723aac4d2
https://www.indianemployees.com/judgments/details/rekha-murarka-versus-the-state-of-west-bengal-and-anr
The impugned order of Hon’ble Calcutta High Court is given below.
Rekha Murarka Vs State of West Bengal and Anr on 29 Jul 2019
Other Source:
https://www.casemine.com/judgement/in/5d46f9974a9326261702e637
Shades of Knife
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