Neither the
accused nor the prosecution nor the victim which is a part of
the society can claim absolute predominance over the other.
Once absolute predominance is recognized, it will have the
effect potentiality to bring in an anarchical disorder in the
conducting of trial defying established legal norm. There
should be passion for doing justice but it must be commanded
by reasons and not propelled by any kind of vague instigation.
It would be dependent on the fact situation; established norms
and recognized principles and eventual appreciation of thefactual scenario in entirety.
Simultaneously the concept of fair trial
cannot be allowed to such an extent so that the systemic order
of conducting a trial in accordance with CrPC or other
enactments get mortgaged to the whims and fancies of the
defence or the prosecution. The command of the Code cannot be thrown to winds. In such situation, as has been laid down
in many an authority, the courts have significantly an eminent
role. A plea of fairness cannot be utilized to build Castles in
Spain or permitted to perceive a bright moon in a sunny
afternoon. It cannot be acquiesced to create an organic
disorder in the system. It cannot be acceded to manure a fertile
mind to usher in the nemesis of the concept of trial as such.
The power under Section 311 CrPC must
therefore, be invoked by the court only in order to
meet the ends of justice for strong and valid
reasons and the same must be exercised with
care, caution and circumspection. The court
should bear in mind that fair trial entails the
interest of the accused, the victim and the society
and, therefore, the grant of fair and proper
opportunities to the persons concerned, must be
ensured being a constitutional goal, as well as a
human right.”
[Emphasis supplied]
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 805-806 OF 2016
(@ S.L.P. (Crl.) Nos. 3278-79 of 2016)
State of Haryana
V
Ram Mehar & Others Etc.
Citation:AIR 2016 SC 3942,(2016) 8 SCC762
Print Page
accused nor the prosecution nor the victim which is a part of
the society can claim absolute predominance over the other.
Once absolute predominance is recognized, it will have the
effect potentiality to bring in an anarchical disorder in the
conducting of trial defying established legal norm. There
should be passion for doing justice but it must be commanded
by reasons and not propelled by any kind of vague instigation.
It would be dependent on the fact situation; established norms
and recognized principles and eventual appreciation of thefactual scenario in entirety.
Simultaneously the concept of fair trial
cannot be allowed to such an extent so that the systemic order
of conducting a trial in accordance with CrPC or other
enactments get mortgaged to the whims and fancies of the
defence or the prosecution. The command of the Code cannot be thrown to winds. In such situation, as has been laid down
in many an authority, the courts have significantly an eminent
role. A plea of fairness cannot be utilized to build Castles in
Spain or permitted to perceive a bright moon in a sunny
afternoon. It cannot be acquiesced to create an organic
disorder in the system. It cannot be acceded to manure a fertile
mind to usher in the nemesis of the concept of trial as such.
The power under Section 311 CrPC must
therefore, be invoked by the court only in order to
meet the ends of justice for strong and valid
reasons and the same must be exercised with
care, caution and circumspection. The court
should bear in mind that fair trial entails the
interest of the accused, the victim and the society
and, therefore, the grant of fair and proper
opportunities to the persons concerned, must be
ensured being a constitutional goal, as well as a
human right.”
[Emphasis supplied]
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 805-806 OF 2016
(@ S.L.P. (Crl.) Nos. 3278-79 of 2016)
State of Haryana
V
Ram Mehar & Others Etc.
Citation:AIR 2016 SC 3942,(2016) 8 SCC762
