REKHA MURARKA versus THE STATE OF WEST BENGAL AND ANR.

Citation: [2019] 14 S.C.R. 106 · Decided: 20-11-2019 · Supreme Court of India · Bench: MOHAN M. SHANTANAGOUDAR · Disposal: Disposed off

Judgment (excerpt)

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[2019] 14 S.C.R.
REKHA MURARKA
v.
THE STATE OF WEST BENGAL AND ANR.
(Criminal Appeal No. 1727 of 2019)
NOVEMBER 20, 2019
[MOHAN M. SHANTANAGOUDAR AND
DEEPAK GUPTA, JJ.]
Code of Criminal Procedure, 1973 – s.301 r/w. s.24(8) – The
Extent to which a victim’s counsel can participate in prosecution of
a case – Consideration of – Prosecution case was that appellant’s
husband was stabbed and murdered by respondent No.2 – Appellant
filed an application u/s.301 r/w. s.24(8) of Cr.P.C. and sought oral
arguments, examination and cross-examination after the Public
Prosecutor – Application was rejected by the Trial court – High
Court affirmed the order of the Trial court – On appeal, held: The
use of the term “assist” in the proviso to s.24(8) in crucial, and
implies that the victim’s counsel is only intended to have a secondary
role qua the Public Prosecutor – A mandate that allows the victim’s
counsel to make oral arguments and cross-examine witnesses goes
beyond a mere assistive role and constitutes a parallel Prosecution
proceeding by itself – Given the primacy accorded to the Public
Prosecutor in conducting a trial, as evident from s.225 and s.301(2),
permitting such a free hand would go against the scheme envisaged
under the Cr.P.C. – However, if the victim’s counsel feels that a
certain aspect has gone unaddressed in the examination of the
witnesses or the arguments advanced by the public prosecutor, he
may route any questions or points through the public prosecutor
himself – Further, if there is a situation where the public prosecutor
fails to highlight some issue suggested by the victim’s counsel, he
can still channelise his questions or arguments through the Judge
first – Therefore, the High Court was correct in dismissing the
application made by the appellant.
Criminal Trial – Public Prosecutor – Importance of – Held:
Public Prosecutor is an officer of the Court and his primary duty is
   [2019] 14 S.C.R. 106
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to assist the Court in arriving at the truth by putting forth all the
relevant material on behalf of the prosecution – While discharging
these duties, he must act in a manner that is fair to the Court, to the
investigating agencies, as well to the accused – This means that in
instances where he finds material indicating that the accused
legitimately deserves a benefit during the trial, he must not conceal
it – The space carved out for the Public Prosecutor is clearly that
of an independent officer who secures the cause of justice and fair
play in a criminal trial.
Disposing of the appeal, the Court
HELD:  In our criminal justice system, the Public
Prosecutor occupies a position of great  importance.  Given that
crimes are treated as a wrong against the society as a whole, his
role in the administration of justice is crucial, as he is not just a
representative of the aggrieved person, but that of the State at
large. Though he is appointed by the  Government, he is not  a
servant of the Government or the investigating agency. He is an
officer of the Court and his primary duty is to assist the Court in
arriving at the truth by putting forth all the relevant material on
behalf of the prosecution.  While discharging  these duties, he
must  act in a manner that is fair  to the Court, to the investigating
agencies, as well to the accused. This means that in instances
where he finds material indicating that the accused legitimately
deserves a benefit during  the trial, he must not conceal it. The
space carved out for the Public Prosecutor is clearly that of an
independent officer who secures the cause of justice and fair play
in a criminal trial. [Para 8] [113-G-H; 114-A-B]
2. From a reading of Sections 24, 225, 301 and 302 of
Cr.P.C., it is clear that a Public Prosecutor is entrusted with the
responsibility of conducting the prosecution of a case. That this
is a crucial role is evident from conditions such as in Section
24(7), which stipulates a minimum legal experience of seven years
for a person to be eligible to be a Public   Prosecutor.  It is further
clear from a joint reading of Section 301 and the proviso to  Section
24(8) that the two provisions are mutually complementary. There
REKHA MURARKA v. THE STATE OF WEST BENGAL
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is no bar on the victim engaging a private counsel to assist the
prosecution, subject to the permission of the Court. [Para 10]
[115-E]
3. The use of  the term “assist” in t

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