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Public Prosecutor should not conceal any benefit to the accused

Raj Kumar Makkad ,
  08 July 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Power and Role of Public Prosecutor in Criminal Trial - What are the powers and duties of Public Prosecutor in a Criminal Trial?
Citation :
Sidhartha Vashisht @ Manu Sharma v. State (NCT of Delhi) (Decided on 19.04.2010) MANU/SC/0268/2010

Held, prosecution in a Sessions Court cannot be conducted by any one other than the Public Prosecutor. A Public Prosecutor is not expected to show a thirst to reach the case in the conviction of the accused somehow or the other irrespective of the true facts involved in the case. If an accused is entitled to any legitimate benefit during trial the Public Prosecutor should not scuttle/conceal it - A public prosecutor has wider set of duties than to merely ensure that the accused is punished, the duties of ensuring fair play in the proceedings, all relevant facts are brought before the court in order for the determination of truth and justice for all the parties including the victims. It must be noted that these duties do not allow the prosecutor to be lax in any of his duties as against the accused.

 

 
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Published in Criminal Law
Views : 2655




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