9911796707
TMI Blog2004 (4) TMI 662X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, the intervener wants to intervene on the strength of the earlier petition. No fresh petition filed by the intervener. 3. The learned counsel appearing for the appellant submitted that the intervener has no right to intervene in this application. This is an application for suspension of the execution of sentence; it is only a matter between the Court and the petitioner/appellant, if at all only the prosecution can object and not P.W, 1. The learned counsel for the appellant further submitted that a private person can intervene in a criminal case only under Section 301, Cr.P.C. That provision is applicable only during the trial before the Court. Even during trial, a private person can only assist the prosecution, at the most such person can submit written arguments. Except during a trial, a private person cannot intervene. Therefore, in appeal, the private person has no locus standi to intervene on any ground. 4. The learned counsel appearing for P.W. 1 who earlier filed Cri. M.P. 505 of 2004, submitted that he has a right to intervene even in appeal and also in a petition for suspension of execution of sentence. In support of his argument, he relied upon a Judgment of the Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State represented by the Superintendent of Police, Crime Branch, C.I.D. I, Chennai, wherein this Court has held that : "Section 301(2) of the Criminal Procedure Code gives the third party a right to assist the prosecution only. A very limited right seems to have been given to an advocate instructed by a private person and that too assist the Public Prosecutor under Section 301(2) Cr.P.C. The only correct interpretation of Section 301(2), Cr.P.C. can be that the lawyer instructed by a private person has no right of audience except to assist the Public Prosecutor and that Advocate can certainly assist the Public Prosecutor during the course of Criminal Proceedings". Therefore he submitted the role of private person in a case before the Sessions Court is subject to the control of the Public Prosecutor. Therefore, in the appellate stage he has no role to play. Hence, the intervener has no right of audience before this Court. 6. The learned Public Prosecutor appearing for the State also submitted that right of a private counsel is only as provided under Section 301, Cr.P.C. he has no right other than that, he has the right only to submit written arguments during trial afte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs, at present, to be confined to the simple object of ascertaining guilt or innocence and use the victim only as a witness. Since, the central object of legal process is to promote and maintain public confidence in the administration of justice, therefore there is an urgent need for giving a well defined status to the victim under the criminal law. His interest in getting the offender punished cannot be ignored or completely subordinated to the interest of the State. Otherwise, the victim will remain disconnected and may develop a tendency to take the law into his own hands in order to seek revenge ............... "A victim of crime is, thus, a mute witness to the whole drama". He also refers to the Judgment of the Supreme Court in Bheru Singh v. State of Rajasthan [1994] 1 SCR 559, where the Supreme Court has held : "The measure of punishment in a given case must depend upon the atrocity of the crime; the conduct of the criminal and the defenseless and unprotected state of the victim........" "......... The Courts must not only keep in view the rights of the criminal but also the rights of the victim of crime and the society at large while considerin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nch of this Court in Santhanapandi v. State by Inspector of Police, Sankarankoil Police Station, Sankarankoil 1999 (1) CTC 49, wherein this Court has considered what all the aspects that are to be considered while suspending the sentence and for grant of bail pending appeal. The Full Bench has held as follows (at para 15 of Cri LJ) : "The prime object of the Code is to see that no innocent be punished. This Court is always to see the prima facie case and to get satisfied its conscience while considering the bail matters viz., the fact of circumstances leading to the conclusion, whether in the given facts and circumstances of the case, the accused has been implicated falsely with the crime or not, regarding the glaring defect of procedure established by law and applying the facts to the legal principles in arriving at the conclusion vis-a-vis the accused and the other accused, violation if any and many other factors like gravity of offence, motive, intention, mens rea, conduct, any offence is repeated, other antecedents, the effect of the immediate release of the accused to the society at large, etc. of course, without going into the merits and without appreciating the eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al and directed the release of the appellant on bail. If these principles are applied to the case on hand, it is to be inferred that the suspending the sentence of the appellant will not be dangerous to the society; no exceptional reasons can be shown in this case. Hence, the execution of sentence can be suspended pending appeal. 9. Apart from that, the learned counsel for the petitioner submitted that the petitioner had two children and they are studying in USA and he has to look after them. Further, he has been imposed the maximum sentence of 10 years rigorous imprisonment. Even if ultimately the appeal fails, there is a possibility and likelihood that the sentence imposed may be reduced considerably. Under those circumstances, the petitioner is entitled for suspension of sentence pending appeal. 10. Applying the above principle laid down by the Supreme Court and the decision of the Full Bench of this Court referred above, for grant of bail pending appeal to the facts of the present case, admittedly the wife had committed suicide; there are prima facie no material to hold that husband had the mens rea. Though the personal diary of the victim contained certain materials which pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
