VidhiSangh

Supreme Court of India · 11/04/2019

ATMA RAM & ORS. versus STATE OF RAJASTHAN

[2019] 5 S.C.R. 714 · 2019 INSC 516

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Recording twelve prosecution witnesses without producing the accused in court, despite an initial objection and without dispensing with attendance, violated Section 273. The Supreme Court nevertheless upheld a limited retrial requiring those witnesses to testify afresh in the accused’s presence, rather than automatic acquittal. The High Court’s death-reference and appellate powers supported that tailored remedy, which restored fair examination without giving the prosecution a chance merely to repair evidentiary deficiencies.

Issues

  1. Whether recording evidence without the accused’s presence complied with Section 273.
  2. Whether the violation required acquittal or could be remedied through limited re-examination.
  3. Whether the High Court had power to order the limited retrial.

Provisions considered

Held

Result

Appeals dismissed and High Court’s limited-retrial directions affirmed. Supreme Court restraint on pronouncement of judgment vacated; trial court permitted to conclude the case independently on merits.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 714.