Supreme Court of India · 2018-08-28
Krishan Kumar vs The State Of Rajasthan
- Citation / case number
- AIRONLINE 2018 SC 276
- Court
- Supreme Court of India
- Petitioner
- Krishan Kumar
- Respondent
- The State Of Rajasthan
- Author
- R. Banumathi
- Bench
- Vineet Saran, R. Banumathi
Judgment text excerpt
The Supreme Court set aside the High Court's order that remitted the matter back to the trial court for de novo trial, emphasizing that the appellant was not given an opportunity to be heard before the acquittal was overturned. The Court held that the High Court's decision lacked due process as it did not consider the appellant's rights after a full trial. The matter was remitted to the High Court for fresh consideration, ensuring both the appellant and the prosecutrix are afforded sufficient opportunity to present their cases.