Case and counter case
Chiranjib Mukherjee
(Querist) 15 November 2022
This query is : Resolved
case and counter case are not tried together and during cross examination prosecution witnesses have admitted that one case has already been registered in police station against them for assaulting one of the accused on the same date at same place prior to the present case and there is no other independent witness. Now what would be result of the present case? please refer judgement in this context.
T. Kalaiselvan, Advocate
(Expert) 02 October 2023
Two different versions of the same incident resulting into two criminal cases are
described as “case and counter case” by some High Courts or just “cross cases” by
some others. Incidences of Cross cases are very common in trial courts. Almost in every
serious criminal case we find a cross version by the Defence which requires a separate
trial on its own right
In State of M.P vs Mishrilal6
both the parties lodged an FIR against each other in
respect of the same incident. The Supreme Court while giving guidance as to the
procedure to be adopted in such cases has observed as follows:-
“It would have been just fair and proper to decide both the cases together by the
same court in view of the guidelines devised by this Court in Nathilal's case (supra).
The cross- cases should be tried together by the same court irrespective of the
nature of the offence involved. The rational behind this is to avoid the conflicting
judgments over the same incident because if cross cases are allowed to be tried by
two courts separately there is likelihood of conflicting judgments.”
The mandated procedure requires that once the entire evidence is complete in one case,
evidence should be recorded in the other case and then after hearing the arguments
both the case should be decided by the same judge on same day by different judgments.
The rationale behind the suggested procedure is that the accused should not be
punished before his entire case is before the court.
