Retrial only in exceptional cases: SC

The Supreme Court of India clarified that a court should consider re-trial only when the trial is vitiated by serious illegality or irregularity that could result in miscarriage of justice.

“The circumstances that should exist for warranting retrial must be such that whether the trial was undertaken by the court having no jurisdiction or trial was vitiated by serious illegality or irregularity on account of misconception of nature of proceedings or that irregularity has resulted in miscarriage of justice”, the Court said.

The Court said that the powers conferred by Section 386 of The Code of Criminal Procedure is to be exercised only in exceptional cases, where the appellate court is satisfied that the omission or irregularity has occasioned in failure of justice. An order for retrial may be passed in cases where the original trial has not been satisfactory for some particular reasons such as wrong admission or wrong rejection of evidences or the Court refused to hear certain witnesses who were supposed to be heard, the Court added.

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