Indian Penal Code, 1860 – Section 376 – Code of Criminal Procedure, 1973 – Sections 82(2), 385, and 386 – Appeal against acquittal – Absence of accused – Proclaimed offender – Legal aid counsel, Procedural requirements – Duty of Appellate Court – The appeal pertains to the acquittal of the accused/respondent under Section 376 of the Indian Penal Code.
Despite efforts by the State, the respondent was declared a proclaimed offender, raising the question of whether the appeal against acquittal could be heard in the respondent’s absence. Various judicial precedents were examined, including conflicting decisions from different High Courts and the Supreme Court.
The critical issue was whether the absence of the accused/respondent should halt the appeal process or if an amicus curiae could be appointed to proceed with the appeal.
Referring to relevant sections of the Code of Criminal Procedure, the Court concluded that an appeal against acquittal could proceed on merit with the assistance of a legal aid counsel, even in the absence of the accused/respondent who had been declared a proclaimed offender. This decision deviated from the stance taken by the Delhi High Court and aligned with the principle of ensuring justice without unnecessary delay. (Paragraph 18)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 337 HP
[-]
State Of H.P. Vs. Vijay Kumar
Cr.A. No. 435 of 2011-Decided on 21-11-2023
https://stpllaw.in/wp-content/uploads/2024/05/2023-STPLWeb-337-HP.pdf
