Supreme Court of India · 2019-11-20
REKHA MURARKA vs THE STATE OF WEST BENGAL
- Citation / case number
- SC 2019/30637
- Court
- Supreme Court of India
- Petitioner
- REKHA MURARKA
- Respondent
- THE STATE OF WEST BENGAL
- Author
- HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
- Bench
- HON'BLE MR. JUSTICE DEEPAK GUPTA HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
Judgment text excerpt
The Supreme Court upheld the High Court's decision affirming the Sessions Judge's order which restricted the participation of the victim in the prosecution of a Sessions trial under Section 225 of the Code of Criminal Procedure, 1973. The Court clarified that while Section 301 allows a victim to assist in the prosecution, it does not grant them the authority to conduct it, as the prosecution must be led by a Public Prosecutor. The Court emphasized the importance of maintaining the integrity and fairness of the trial process, thereby rejecting the victim's request to cross-examine defense witnesses.