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Ranchod Mathur Wasawa v. State Of Gujarat

Ranchod Mathur Wasawa
v.
State Of Gujarat

(Supreme Court Of India)

Special Leave to Appeal (Criminal) No. 674 Of 1973 | 15-10-1973


Krishna Iyer, J.

1. A petition from jail - this is one - demands closure judicial care and we have with deep concern scanned the materials placed before us in the light of the grounds of grievance urged in this appeal. We find no reason to disagree with the findings of guilt and refuse special leave. Even so, we are disturbed, having a look at the proceedings in this case, that the Sessions Judges do not view with sufficient seriousness the need to appoint State Counsel for undefended accused in grave cases. Indigence should never be a ground for denying fair trial or equal justice. Therefore, particular attention should be paid to appoint competent advocates, equal to handling the complex cases, not patronising gestures to raw entrants to the Bar. Sufficient time and complete papers should also be made available, so that the advocate chosen may serve the cause of justice with all the ability at his command. In the present case, the accused has made a grievance that the amicus curiae came into the picture only on the day the trial commenced. This is an unfortunate feature. Nevertheless, we are satisfied that by postponing the examination of the important witnesses to the next day the learned Judge helped counsel to equip himself fully. We are also satisfied from a perusal of the papers that the cross-examination has not suffered for want of time or facility for counsel for the accused. We would, however, emphasize that in all these cases there should be a sensitive approach made by the court to see that the accused felt confident that his counsel chosen by the court has had adequate time and material to defend him properly. With these observations, we dismiss the petition.

2. Petition dismissed.

Advocates List

For the Appearing Parties ----------

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE V.R. KRISHNA IYER

HON'BLE MR. JUSTICE R.S. SARKARIA

Eq Citation

(1974) 3 SCC 581

[1974] 2 SCR 72

1974 CRILJ 799

(1974) SCC CRI 59

AIR 1974 SC 1143

1974 (6) UJ 25

LQ/SC/1973/310

HeadNote

Constitution of India — Arts. 21 and 136 — Fair trial — Appointment of state counsel for undefended accused in grave cases — Particular attention should be paid to appoint competent advocates equal to handling complex cases, not patronising gestures to raw entrants to the Bar — Sufficient time and complete papers should also be made available so that advocate chosen may serve cause of justice with all ability at his command — In present case, accused made grievance that amicus curiae came into picture only on day trial commenced — Held, this is unfortunate feature — Nevertheless, court helped counsel to equip himself fully by postponing examination of important witnesses to next day — Crossexamination did not suffer for want of time or facility for counsel for accused — Sessions Judge should view with sufficient seriousness need to appoint state counsel for undefended accused in grave cases — Criminal Procedure Code, 1973, S. 301 (Paras 1 and 2)