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TMI Blog2013 (12) TMI 1738X X X X Extracts X X X X X X X X Extracts X X X X ..... l No. 05/2011 pending before the Court of Third Additional Judge to the Court of Sessions Judge, Guna to Sessions Judge, Shivpuri after finding that the police force was present in the Court premises and the witnesses were taken in custody and, therefore conduction of trial against the petitioner and other co-accused persons at Guna is adversely affected by the prosecution agency thereby holding that fair trial is jeopardized. Sole ground for seeking recalling of the abovesaid order dated 19.12.2012 is that the same has been passed without hearing the petitioner, who is the victim (complainant) in ST No. 05/2011. 2. Learned counsel for petitioner has further submitted that the inherent powers of this Court under Section 482, Cr.P.C. can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to victim:- Statement of objects and reasons.- The need to amend the Code of Criminal Procedure, 1973 to ensure fair and speedy justice and to tone up the criminal justice system has been felt for quite sometime. The Law Commission has undertaken a comprehensive 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 arrest, custody and remand, procedure for summons and warrant cases, compounding of offences, victimology, special protection in respect of women and inquiry and trial of persons of unsound mind. Also, as per the Law Commission's 177th report relating to arrest, it has been found necessary to revise the law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir: Amendment of section 24.- In section 24 of the principal Act, in sub-section (8), the following proviso shall be inserted, namely:- Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section. Insertion of new section 357A. - After section 357 of the principal Act, the following section shall be inserted, namely:- 357A. Victim compensation scheme.- (1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncerned, or any other interim relief as the appropriate authority deems fit. Amendment of section 372.-In Section 372 of the principal Act, the following proviso shall be inserted, namely:- Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. 6. In view of the above, it is evident that victim , who is the ultimate sufferer in the commission of a crime, has been given recognition as an aggrieved party by introducing the abovesaid amendment in Cr.P.C. There is no manner of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f such prosecution. While laying down this law, the Apex Court added a rider by making the said finding subject to the complainant seeking an opportunity of being heard. Pertinently, the said decisions of the Apex Court were rendered much prior to coming into effect of the Amended Code of Criminal Procedure in 2008 and, therefore when in the era of absence of statutory recognition granted to the victim, the Apex Court laid down the abovesaid law, it goes without saying that in the post amendment era, the victim has become nearly as indispensable as the accused or the Investigating Agency in a criminal trial. 9. From the above discussion, it is crystal clear that the law now recognizes importance of victim in a crime and also in all the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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