The one and only issue which is of considerable public importance that arises in this case is as to whether a victim is entitled to be heard and take part in a criminal proceeding or not.

2. In CAPTAIN AMARINDER SINGH v. PARKASH SINGH BADAL AND OTHERS [(2009) 6 SCC 260], the Hon'ble Apex Court has observed that fair trial is the first imperative in the dispensation of justice. The purpose of criminal trial is to dispense fair and impartial justice uninfluenced by extraneous considerations. Free and fair trial is sine qua non of Article 21 of the Constitution. If the criminal trial is not free and fair and biased, judicial fairness and the criminal justice would be at stake, shaking the confidence of the public in the system which would ultimately result in its collapse.

3. The Hon'ble Apex Court in DEVENDER PAL SINGH v. STATE OF NCT OF DELHI AND ANOTHER [(2002) 5 SCC 234] has observed as follows:

"Justice cannot be made sterile on the plea that it is better to let a hundred guilty escape than punish an innocent. Letting the guilty escape is not doing justice according to law."

4. VISCOUNT SIMON IN STIRLAND v. DIRECTOR OF PUBLIC PROSECUTOR [(1944) 2 ALL ER 13] has held a