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Accused should not be given benefit of delay

 

accused should not be given all benefit of delay in trial of case

 
Any inordinate delay in conclusion of a criminal trial undoubtedly has highly deleterious effect on the society generally and particularly on the two sides to the case. But it will be a grave mistake to assume that delay in trial does not cause acute suffering and anguish to the victim of the offence. In many cases the victim may suffer even more than the accused. There is, therefore no reason to give all the benefits on account of the delay in trial to the accused and to completely deny all justice to the victim of the offence.
Supreme Court of India
Mangal Singh & Anr. vs Kishan Singh & Ors. on 21 November, 2008
Author: A Alam
1. Heard counsel for the parties
2. Leave granted

3. Appellant no.1 is the informant of the case and appellant no.2 is his father, the injured victim of the offence. They filed this appeal against the judgment and order dated 18 August 2005 passed by the Gwalior bench of the Madhya Pradesh High Court in criminal appeal no.283 of 1998. Before the High Court there were three appellants (respondents before this Court) who were convicted by the trial court under section 307 of Penal Code and 2

Wednesday, 20 June 2012

accused should not be given all benefit of delay in trial of case

 
Any inordinate delay in conclusion of a criminal trial undoubtedly has highly deleterious effect on the society generally and particularly on the two sides to the case. But it will be a grave mistake to assume that delay in trial does not cause acute suffering and anguish to the victim of the offence. In many cases the victim may suffer even more than the accused. There is, therefore no reason to give all the benefits on account of the delay in trial to the accused and to completely deny all justice to the victim of the offence.
Supreme Court of India
Mangal Singh & Anr. vs Kishan Singh & Ors. on 21 November, 2008
Author: A Alam
1. Heard counsel for the parties
2. Leave granted

3. Appellant no.1 is the informant of the case and appellant no.2 is his father, the injured victim of the offence. They filed this appeal against the judgment and order dated 18 August 2005 passed by the Gwalior bench of the Madhya Pradesh High Court in criminal appeal no.283 of 1998. Before the High Court there were three appellants (respondents before this Court) who were convicted by the trial court under section 307 of Penal Code and 2

Wednesday, 20 June 2012

accused should not be given all benefit of delay in trial of case

 
Any inordinate delay in conclusion of a criminal trial undoubtedly has highly deleterious effect on the society generally and particularly on the two sides to the case. But it will be a grave mistake to assume that delay in trial does not cause acute suffering and anguish to the victim of the offence. In many cases the victim may suffer even more than the accused. There is, therefore no reason to give all the benefits on account of the delay in trial to the accused and to completely deny all justice to the victim of the offence.
Supreme Court of India
Mangal Singh & Anr. vs Kishan Singh & Ors. on 21 November, 2008
Author: A Alam
1. Heard counsel for the parties
2. Leave granted

3. Appellant no.1 is the informant of the case and appellant no.2 is his father, the injured victim of the offence. They filed this appeal against the judgment and order dated 18 August 2005 passed by the Gwalior bench of the Madhya Pradesh High Court in criminal appeal no.283 of 1998. Before the High Court there were three appellants (respondents before this Court) who were convicted by the trial court under section 307 of Penal Code and 2
https://www.lawweb.in/2012/06/accused-should-not-be-given-all-benefit.html


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 1 Replies

madhu mittal (director)     22 June 2012

Respected Sir,

Please provide any citatation like this that relates to section 138 Negotiable Instruments Act i.e. dishonour of cheque. As cases u/s 138 N I Act. are choking our judicial criminal system as per three judge bench of honourable Supreme Court in Damodar Prabhu case. But no attention has been paid why situation is like this, because in our judicial system, the accused is being rewarded for dragging the case for years, waiting sucumbing the victim to his conditions, and even if he was convicted, he was rarely punished with jail imprisonment, in spite of that one year sentence being proved inadequate, it was enhanced to two years. And at the same time, neither the victim is provided complete compensation in spite of section 80 of N I Act, where 18% p.a. interest is provided with non obstinate clause, and cost per hearing  for attending court by leaving aside victim's other jobs hardly been ordered in spite of concern of law commision in its report regarding dishonour of cheques.


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