LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Violation of Duty does not vitiate whle trial

Raj Kumar Makkad ,
  08 July 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Vitiation of Trial - Duty of Public Prosecutor - Whether non-performance of duty by a Public Prosecutor under the common and procedural laws vitiate the Trial?
Citation :
Sidhartha Vashisht @ Manu Sharma v. State (NCT of Delhi) (Decided on 19.04.2010) MANU/SC/0268/2010

Held, the public prosecutor is under a duty of disclosure under the Code of Criminal Procedure, Bar Council Rules and relevant principles of common law and violation of duty does not necessarily vitiate the entire trial. A trial would only be vitiated if non-disclosure amounts to a material irregularity and causes irreversible prejudice to the accused. In the present case, no such prejudice was caused to the Accused / Appellant, and therefore the Trial is not vitiated.

 

 
"Loved reading this piece by Raj Kumar Makkad?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"



Published in Criminal Law
Views : 1306




Comments