TMI Blog2019 (11) TMI 1803X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 is no bar on the victim engaging a private counsel to assist the prosecution, subject to the permission of the Court. There is no denying that Public Prosecutors are often overworked. In certain places, there may be a single Public Prosecutor conducting trials in over 2 3 courts. Thus, the possibility of them missing out on certain aspects of the case cannot be ignored or discounted. A victim centric approach that allows for greater participation of the victim in the conduct of the trial can go a long way in plugging such gaps - the balance inherent in the scheme of the CrPC should not be tampered with, and the prime role accorded to the Public Prosecutor should not be diluted. The High Court was correct in dismissing the application made by the Appellant seeking permission for her counsel to cross examine witnesses after the Public Prosecutor. However, in future, if the Sessions Judge finds that the assistance of a private counsel is necessary for the victim, he may permit it - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vide order dated 25.07.2018, the learned Additional District and Sessions Judge, Fast Track Court, Calcutta rejected the said prayer. This was done on the basis that the right of a victim or private individual to participate in the prosecution of a Sessions trial is restricted, and the prosecution is subject to the control of the Public Prosecutor. It was observed that Section 301 of the CrPC does not have an overriding effect over Section 225, which mandates that the prosecution be conducted by the Public Prosecutor. However, in view of Section 301(2) of the CrPC, the learned Judge gave permission to the de facto Complainant to furnish written arguments after the completion of the arguments of the prosecution. 3.4 This order was challenged before the Hon ble High Court of Calcutta in C.R.R. No. 2357 of 2018. Vide the impugned judgment dated 29.07.2019, the High Court affirmed the order of the Sessions Judge, discussing the crucial role played by the Public Prosecutor in a Sessions trial. Alluding to Section 225 of the CrPC, it was held that the mandate therein that a Sessions trial shall be conducted by a Public Prosecutor is unequivocal and cannot be diluted by the proviso to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nister of justice, as evident from the mandate placed upon him under Section 225 of the CrPC to conduct a Sessions trial. He argued that the role of such a person cannot be diluted by allowing the victim s counsel, who may be relatively inexperienced at times, to conduct the prosecution with a free hand. Further, he argued that the use of the words under this sub section in the proviso to Section 24(8) implies that the engagement of a victim s counsel is only with respect to a Special Public Prosecutor, which is the subject matter of Section 24(8), and not beyond. As regards the Committee Reports mentioned supra leading to the 2009 amendment, he submitted that the replacement of the initially proposed phrase cooperate with the prosecution in the proviso to Section 24(8) with assist the prosecution indicates a deliberate intention to have a limited role for the victim s counsel. At the same time, acknowledging the reasons for ensuring greater participation of the victim in the prosecution, he submitted that the extent of the counsel s assistance should be limited and subject to the permission of the Public Prosecutor. In this regard, he relied on the decision of the Tripura Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , as the case may be (7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor only if he has been in practice as an advocate for not less than seven years. (8) The Central Government or the State Government may appoint, for the purpose of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor. Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub section. (emphasis supplied) Other important provisions are as follows: 225. Trial to be conducted by Public Prosecutor In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor. x x x 301. Appearance by Public Prosecutors (1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal. (2) If in any such case any private person instructs a pleader to prosecute any person in any Court, the Public Prosecutor or Assistant Publ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e review of the Code of Criminal Procedure in its 154th Report and its recommendations have been found very appropriate, particularly those relating to provisions concerning victimology 2. At present victims are the worst sufferers in a crime and they don t have much role in the Court proceedings. They need to be given certain rights and compensation so that there is no distortion of the criminal justice system. In view of this context and the provisions of the CrPC, there appears to be no justifiable basis for applying the provision only with respect to Special Public Prosecutors. Thus, we find that the assistance given by the victim s counsel is meant to be given to the prosecution in general. 12. In light of this, we now proceed to consider the extent to which such assistance can be accorded. As mentioned supra, learned Senior Counsel for the Appellant has argued that there may be instances where the Public Prosecutor may fail to perform his functions properly, whether deliberately or due to oversight, which may obstruct justice instead of furthering it. To meet the ends of justice in such cases, he submitted that the role of the victim s counsel should not be li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce in the practice of law, and act as an independent officer of the Court. Thus, it is important to appreciate why the role of a victim s counsel is made subject to the instructions of the Public Prosecutor, who occupies a prime position by virtue of the increased responsibilities shouldered by him with respect to the conduct of a criminal trial. 12.3 At the same time, the realities of criminal prosecutions, as they are conducted today, cannot be ignored. There is no denying that Public Prosecutors are often overworked. In certain places, there may be a single Public Prosecutor conducting trials in over 2 3 courts. Thus, the possibility of them missing out on certain aspects of the case cannot be ignored or discounted. A victim centric approach that allows for greater participation of the victim in the conduct of the trial can go a long way in plugging such gaps. To this extent, we agree with the submission made by the learned Senior Counsel for the Appellant that the introduction of the proviso to Section 24(8) acts as a safety valve, inasmuch as the victim s counsel can make up for any oversights or deficiencies in the prosecution case. Further, to ensure that the right of app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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