REKHA MURARKA versus THE STATE OF WEST BENGAL AND ANR.

REKHA MURARKA versus THE STATE OF WEST BENGAL AND ANR.

The proviso to Section 24(8) Cr.P.C. allows a victim to engage counsel to assist the prosecution but does not permit the victim's counsel to ordinarily make oral arguments or to examine and cross-examine witnesses independently; the victim's counsel must act under the direction of the Public Prosecutor or route questions/points through the Public Prosecutor or the Court; accordingly the High Court and Sessions Court correctly rejected the appellant's application for such rights.

Parties
Appellant (de Facto Complainant, Victim): Rekha Murarka; Respondent: The State of West Bengal; Respondent (accused): Respondent No.2
Jurisdiction
India
Judgment Date
20 November 2019
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court From Calcutta High Court Judgment in Revisional Application; Final Disposal by Judgment
Outcome
Appeal disposed of; Calcutta High Court judgment affirmed
Legal Topics
Role of Public Prosecutor, Victim's Counsel Participation in Prosecution, Interpretation of Proviso to Section 24(8) Cr.p.c., Sections 301 and 225 Cr.p.c.
Criminal Procedure Criminal Law Evidence Role of Public Prosecutor Victim's Counsel Participation in Prosecution Interpretation of Proviso to Section 24(8) Cr.p.c. Sections 301 and 225 Cr.p.c.

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Parties

Rekha Murarka

Appellant (de Facto Complainant, Victim)

The State of West Bengal

Respondent

Respondent No.2

Respondent (accused)

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court From Calcutta High Court Judgment in Revisional Application; Final Disposal by Judgment

Legal Issues

  1. 1 Extent to which a victim's counsel may participate in prosecution under proviso to Section 24(8) Cr.P.C. and Section 301 Cr.P.C.
  2. 2 Whether a victim's counsel can make oral arguments and examine or cross-examine witnesses without being subject to the Public Prosecutor

Ratio Decidendi

The proviso to Section 24(8) Cr.P.C. allows a victim to engage counsel to assist the prosecution but does not permit the victim's counsel to ordinarily make oral arguments or to examine and cross-examine witnesses independently; the victim's counsel must act under the direction of the Public Prosecutor or route questions/points through the Public Prosecutor or the Court; accordingly the High Court and Sessions Court correctly rejected the appellant's application for such rights.

Court Disposition

Appeal disposed of; Calcutta High Court judgment affirmed

Orders

  • Appeal dismissed and judgment dated 29.07.2019 of the High Court of Calcutta in C.R.R. No.2357 of 2018 affirmed
  • Order dated 25.07.2018 of the Additional District and Sessions Judge rejecting the appellant's application under Section 301 read with proviso to Section 24(8) Cr.P.C. affirmed