judex damnatur cum nocens absolviturย [LATIN]
Supreme Court in a case ofย Hardeep Singh vs. State of Punjab, 2014(1) RCR (Criminal) 623 wherein the Constitution Bench has consideration the provisions ofย Section 319ย Cr.P.C and held thatย Section 319ย Cr.P.C. springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted) and this doctrine must be used as a beacon light while explaining the ambit and the spirit underlying the enactment ofย Section 319ย Cr.P.C. The entire effort, therefore, is not to allow the real perpetrator of an offence to get away unpunished. This is also a part of fair trial and in our opinion, in order to achieve this very end that the legislature thought of incorporating provisions ofย Section 319ย Cr.P.C. It is with the said object in mind that a constructive and purposive interpretation should be adopted that advances the cause of justice and does not dilute the intention of the statute conferring powers on the court to carry out the above mentioned avowed object and purpose to try the person to the satisfaction of the court as an accomplice in the commission of the offence that is subject matter of trial.
