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
Rekha Murarka Vs State of WB and Anr on 20 November, 201910. 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. 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.
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 2019Other Source:
https://www.casemine.com/judgement/in/5d46f9974a9326261702e637
