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SATYEN VAIDYA
Court on its Own Motion – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Satyen Vaidya, J.
The Registry of this Court received a written request dated 20.4.2022 from learned Additional District and Sessions Judge, Chamba, District Chamba, H.P. seeking permission to visit the place of accused to conduct trial in case No. 27 of 2017 (Sessions Trial) titled as State of H.P. vs. Naresh Kumar, pending before the said Court. It was submitted that the accused Naresh Kumar was bedridden as a known case of “fracture C-5 with quardiplegia” leading to permanent loss of function. He was not able to move from one place to another, although, his memory and speech was normal.
2. The above noted request was ordered to be treated on judicial side and, as such, the instant matter came for adjudication before this Court.
3. Keeping in view the nature of the matter, Sh. Manohar Lal Sharma, Advocate, was appointed as Amicus Curiae. The record of the case (Sessions Trial) No. 27 of 2017 pending before the learned Additional Sessions Judge, Chamba was also requisitioned.
4. It is revealed from the record that learned Judicial Magistrate 1st Class, District Chamba, H.P. took cognizance of offence under Section 304-AA IPC against accused Naresh Kumar and passed committal
Section 317 of Code of Criminal Procedure reads as Provision for inquiries and trial being held in absence of accused in certain cases.
The main legal point established in the judgment is the permissibility of dispensing with the physical presence of the accused during trial and allowing appearance through video conferencing, in line....
The main legal point established in the judgment is the need to balance the rights of the accused with the practicalities of the legal process, especially in cases involving elderly accused individua....
A fair trial must guarantee competent legal representation and adherence to procedural law, failure of which invalidates conviction.
The main legal point established in the judgment is that the provisions of Section 273 of the Cr.P.C allow for the recording of evidence in the presence of the accused's counsel, even when the accuse....
Examination of witness – While normal rule is that evidence in a criminal trial must be recorded in presence of accused evidence of witnesses can be recorded in presence of Counsel for accused even i....
Non-compliance of Section 273 Cr.P.C. and the rarest of rare case doctrine in heinous crimes.
The court ruled that a preliminary enquiry into a witness's competency is not required before video examination; this is to be assessed by the Magistrate during examination.
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