Criminal Appeal -- Decided Without Hearing Appellant -- Liable to be set aside for violation of natural justice
(i) Constitution of India, 1950, Art.21 -- Criminal Appeal -- Decided Without Hearing Appellant -- Decision of a criminal appeal without hearing the appellant or ensuring legal representation on his behalf violates principles of natural justice and fair trial. Such judgment is liable to be set aside and the matter remanded for fresh adjudication on merits. (ii) Code of Criminal Procedure, 1973, S.304 -- Legal Aid to Accused -- Appellant Unable to Engage Counsel -- Where an appellant is unable to engage counsel to argue his appeal, the appellate court is required to appoint an Amicus Curiae to represent him and assist in adjudication of the matter.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
