KRISHAN KUMAR versus THE STATE OF RAJASTHAN & ANR.

KRISHAN KUMAR versus THE STATE OF RAJASTHAN & ANR.

Since the appellant was not afforded an opportunity of hearing before the High Court set aside the order of acquittal, the impugned order is unsustainable and must be set aside. Matter is remitted to the High Court for fresh consideration with opportunity to all concerned.

Parties
Appellant: Krishan Kumar; Respondent: The State of Rajasthan; Respondent: prosecutrix
Jurisdiction
India
Judgment Date
28 August 2018
Procedural Posture
Criminal Appeal / Final Disposition
Outcome
impugned order set aside; appeal disposed of
Legal Topics
Acquittal, Denovo Trial, Right to Hearing
Criminal Law Acquittal Denovo Trial Right to Hearing

Case Brief

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Parties

Krishan Kumar

Appellant

The State of Rajasthan

Respondent

prosecutrix

Respondent

Procedural Posture

Criminal Appeal / Final Disposition

Legal Issues

  1. 1 Whether the High Court can set aside an order of acquittal and remit the matter for de novo trial without affording an opportunity of hearing to the acquitted person.

Ratio Decidendi

Since the appellant was not afforded an opportunity of hearing before the High Court set aside the order of acquittal, the impugned order is unsustainable and must be set aside. Matter is remitted to the High Court for fresh consideration with opportunity to all concerned.

Court Disposition

impugned order set aside; appeal disposed of

Orders

  • Matter remitted to High Court for fresh consideration
  • High Court to afford sufficient opportunity of hearing to appellant and prosecutrix