Criminal Justice Case Analysis

The court may state without any fear of contradiction that if the failure of justice is not bestowed its due signification in a case of the present nature, every procedural lapse or interdict would be given a privileged place on the pulpit. It would, with unnecessary interpretative dynamism, have the effect potentiality to cause a dent in the criminal justice delivery system and eventually, justice would become illusory like a mirage. It is to be borne in mind that the Legislature deliberately obliterated certain rights conferred on the accused at the committal stage under the new Code. The intendment of the Legislature in the plainest sense is that every stage is not to be treated as vital and it is to be interpreted to subserve the substantive

The decisions rendered in

Moly (supra) and Vidyadharan (supra) have not noted the decision in Bhooraji (supra), a binding precedent, and hence they are per incuriam and further, the law laid down therein, whereby the conviction is set aside or matter is remanded after setting aside the conviction for fresh trial, does not expound the correct proposition of law and, accordingly, they are hereby, to that extent,

6.3 Suggestions Following course of action may act as a starting point in this regard:

• It is required to take strict action against the persons connected with the system for their failure to perform their role according to the requirements of law. It must be ensured that derailment, deliberate or due negligence or ignorance must result in punishment. The existing laws in this respect be implemented with vigor and fresh look at some of the old laws be taken with a view to pug up, the deficiencies, which give rise to scope for lack of commitment. The control mechanism be evolved to ensure responsibility for lapses in performance of the role not only by the governmental functionaries but also the non-governmental functionaries such as witnesses and advocated vitiating the process of justice. The changes should be such as to clearly sellout the responsibility of each agency so that there remains no ambiguity for any agency to shirk its share of