SACHIN KUMAR AGGARWAL VS STATE NCT OF DELHI & ORS
Para 14. The law, therefore, can be summarized that the victim has a right to participate in the proceedings, however, at the same time, the victim cannot override the Public Prosecutor who acts as an Independent Officer of the Court. This Court is not in agreement with the trial Court that the victim has no right to be heard at all. Right of participation would always mean right to be heard but the victim’s counsel cannot override an argument taken by the Public Prosecutor nor can the victim argue that the Public Prosecutor has made a wrong submission. The Public Prosecutor’s role in a criminal proceeding is primary. The victim’s Counsel can substantiate the arguments of the Public Prosecutor by bridging the gaps, if any, in the argument of the Public Prosecutor. The order of the trial Court inasmuch as denying the victim from making any arguments cannot be accepted. The trial Court will have to restrict the victim if it finds that the victim is overreaching the arguments or is arguing contrary to what the Public Prosecutor has argued.
