Criminal lawyer: ordering de novo trial under section 273 CrPC.

Supreme Court of India

Justice U U Lalit 

In the case titled as "Atmaram and others versus state of Rajasthan" the order of the High Court ordering de novo trial was assailed before the apex court.

The order of the High Court was upheld and the Appeal was dismissed. The reasoning given by the Court was that as before the trial court the examination of witnesses was recorded in the absence of the accused, therefore, in the facts and circumstances of the case, which is of trial for serious offence of Murder under Section 302 CrPC, the de novo trial was rightly ordered, otherwise the culprit would take the benefit of legal technicalities.

It was further held it is true that no innocent should be punished but at the same time it is also to be kept in mind that the the person who has committed such a serious offence should not take advantage of the legal technicalities and get away. The Appeal was accordingly dismissed by the supreme court.