Rajasthan High Court Flags 'Systemic Fraud' In Murder Trial; Orders Inquiry Into Trial Court, Prosecutor

While hearing a bail application, Rajasthan High Court raised apprehension of a “systemic fraud”, involving the trial court as well as the Additional Public Prosecutor (PP), in the background of a lapse of almost two years between the examination in chief and the cross-examination of the star witness in a murder case. The bench of Justice Ashok Kumar Jain has directed the Registrar (Vigilance) to inquire into the affairs of the trial court in relation to this delay, and place a report before the Court. Similarly, the Principle Secretary. Law and Legal Affairs has been directed to call for an explanation from the Additional PP and submit the inquiry report before the Court. “Now, no one is there to protect the system when the persons in helms of affairs are indulged in destroying the system.”For context, the examination in chief of the concerned witness was held in September, 2024, in which he had stated to be an eye-witness to the incident. Thereafter, his completion of the statement and the cross-examination was deferred only on the ground that both the accused were absent on following dates. Ultimately, the statement was completed and cross-examination happened only in April 2026, during which the witness changed his statement and denied the fact of being the eye-witness. The Court highlighted that even in April 2026, the accused persons were not present. However, since no objection was raised by the public prosecution, the statement was completed. In this light, the Court observed that the conduct was clearly indicative of the fact that the trial court adjourned the matter in September 2024, without applying its mind and in very casual manner. It was held that the period between the examination in chief and the cross examination was sufficient to win over the witness. The Court further opined, “After this statement and cross-examination, the trial court as well as prosecution are required to confront the examination-in-chief recorded on 02.09.2024 so as to test the bona fide and veracity of the statement made by PW-8. The prosecutor has even not bothered to declare PW-8 as hostile and re-examine and cross-examine on the issue, after cross examination on 06.04.2026. The trial court was also empowered to ask question(s) so as to clarify the circumstances as arisen in the case.”In this background, the Court held that there might be a fraud played with the criminal justice system by those who were at the helms of affair. Accordingly, the aforementioned directions were issued to the Registrar and the Principle Secretary for further action. Title: Lekhraj v State of Rajasthan Citation: 2026 LiveLaw (Raj) 323Click Here To Read/Download Order

Rajasthan High Court Flags 'Systemic Fraud' In Murder Trial; Orders Inquiry Into Trial Court, Prosecutor

Nupur Agrawal

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Nupur Agrawal

Rajasthan High Court Flags 'Systemic Fraud' In Murder Trial; Orders Inquiry Into Trial Court, Prosecutor

Nupur Agrawal

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Nupur Agrawal

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