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Gaurav Sharma (Worker)     21 April 2014

Public prosecutor related queries for the victim.

Hi Respected Members,

I am a victim in a criminal case. I would be represented by state appointed Public Prosecutor while the

accused is free to hire any lawyer. I have a few queries in this regard.


I have done some reading about the job & duties of Public Prosecutor in a criminal case.

"Victim has to be represented by Public Prosecutor. However, the Public Prosecutor has to be fair to both

the victim & the accused. If something helps the accused then Public Prosecutor should not conceal it.

Public Prosecutor's job is not to get a conviction by hook or crook."

Lawyer of the accused, on the other hand, is not bound by any such inhibitions!  With such a slanted

approach to justice, no doubt the conviction rate is low.



Anyways, respected members of this forum, my queries are as follows.

1.  Honestly, what is the motivation for Public Prosecutor to seek justice for the victim?

2.  The accused or his lawyer can easily 'approach' the Public Prosecutor & deliberately weaken or throttle the victims case. Isn't it?

3.  What about the section 321 where a Public Prosecutor can withdraw the case?

4.  Can the victim hire a private lawyer?

5.  Can a victim approach upper court if the accused is acquitted or given an unduly light sentence due to an "inept" Public Prosecutor? If so, how?
 

I thank you very much.
G.Sharma



Learning

 4 Replies

Gaurav Sharma (Worker)     23 April 2014

Anyone?

T. Kalaiselvan, Advocate (Advocate)     23 April 2014

1)  No motivation, he is a government servant,doing his job of prosecuting for and on behalf of the state.

2)  cannot say,depends on the situation and the person.

3)  No, not in the ordinary circumstances.

4)  No, the PP is meant for that only.

5)  Yes an appeal is maintainable.

adv.raghavan (Advocate,9444674980)     24 April 2014

Accepting the above and adding further to it is, if the PP Wants to withdraw case under 321 crpc,he can recommend for the same ,it is up to the judge to take a final call, and if the judge decides to go PP way  he have to narrate proper reasons for  approval of the same. if he decides the other way the trial has to continue. It is not so easy as you think. 3, Yes victim can appoint a lawyer and can join the proceedings by way of INTERVENING.4,yes he or she has the right to go for appeal.

Sudhir Kumar, Advocate (Advocate)     24 April 2014

you can hire own lawyer in addition to PP.


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