Kanaklata Vs. State of (NCT) of Delhi & Ors.
The Code of Criminal Procedure, 1973 - Section 407 , Section 408 , Indian Penal Code,1860 - Section 323 , Section 354 , The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act,1989 - Section 3 (1)
Transfer of Case - Discharge by Special Court of the accused for offences under Act, 1989 - In revision order set aside by the High Court and matter remitted to the Trial Court - Despite the safeguards provided by the High Court's observations that the trial Court shall not be influenced by earlier findings - The earlier order passed by the trial Court is so strongly worded that it could in all likelihood give rise to a reasonable apprehension in the mind of the complainant which cannot be lightly brushed aside - Justice must not only be done but must seem to have been done - A lurking suspicion in the mind of the complainant will leave him with a brooding sense of having suffered injustice not because he had no case, but because the Presiding Officer had a preconceived notion about it - On that test the present to be a case where the High Court ought to have directed a transfer - The case directed to be transferred to another Court.
Topic(s)-Justice must not only be done but must seem to have been done
Important Decision(s)- Justice must not only be done but must seem to have been done.