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Criminal · Reportable judgment

Krishan Kumar vs The State of Rajasthan & Anr.

Court
Supreme Court of India
Date
28 August 2018
Case No.
Criminal Appeal No. 1088 of 2018
Result
Disposed
Bench
R. Banumathi, Vineet Saran
Citation
[2018] 10 S.C.R. 869 : 2018 INSC 756
Supreme Court Reports [2018] 10 S.C.R. 869 : 2018 INSC 756
Headnote

Criminal Law – By impugned order, High Court set aside the order of acquittal of appellant and remitted the matter to trial court for denovo trial only on the ground that the prosecutrix was not examined before the trial court – Grievance of appellant was that the impugned order was passed by High Court while considering bail application by another person and that too without issuing notice to the appellant – Held: Since no opportunity of hearing was afforded to the appellant, the impugned order is set aside and matter is remitted to High Court for fresh consideration – Appeal disposed of.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by BANUMATHI, J. 1. Leave granted. 2. This appeal arises out of an order dated 24.08.2015 of the High Court of Rajasthan at Jaipur in S.B. Criminal Misc. Bail Application No.3953 of 2015 in which the High Court has set aside the order of acquittal of the appellant and remitted the matter back to the trial court for de novo trial only on the ground that the prosecutrix was not examined before the trial court. 3. We have heard Mr. Tripurari Rai, learned counsel appearing for the appellant, Mr. Abhishek Gupta, learned counsel for the applicantprosecutrix
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