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Supreme Court of India 2019-11-20 dismissed

REKHA MURARKA vs THE STATE OF WEST BENGAL

Bench: 2 — Mohan M. Shantanagoudar, Deepak Gupta

In Brief

A widow whose husband was murdered sought permission for her counsel to cross-examine defence witnesses after the Public Prosecutor in a Sessions trial. The Supreme Court dismissed her appeal, holding that a victim's counsel can only assist the prosecution, not conduct it independently. Under the Code of Criminal Procedure, the Public Prosecutor alone conducts Sessions trials. The victim's counsel may suggest questions to the court or prosecution but cannot examine or cross-examine witnesses. The court balanced victim protection with the Public Prosecutor's paramount role, noting that victim's counsel may flag overlooked issues for the court's consideration.

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Criminal Procedure Victim Rights Prosecution Cross-examination

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