Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …
The Madras High Court recently set aside the order of conviction of one M/s. Justice Bharatha Chakravarthy observed as under: Therefore, from the combined reading of the aforementioned judgments, it would be clear that right of the accused to be represented by a counsel has been held to be an integral part under Article 21 of the Constitution of India …
The Supreme Court observed that a court cannot dismiss the appeal filed by an accused merely because of non-representation or default of the advocate for the accused.if the accused does not appear through counsel appointed by him/her, the Court is obliged to proceed with the hearing of the case only after appointing an amicus curiae, the bench of Justices AM …
