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november 2019

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.

REKHA MURARKA vs THE STATE OF WEST BENGAL · Niyam