VICTIM VS.ACCUSED:A CRITICALANALYSIS OFRIGHTTO FAIRTRIAL

Abstract

The right to fair trail is essential and fundamental right which require that a trial should be conducted in fair manner, however, the development and evolution of the doctrine of right to fair trial has, significantly, created an imbalance between the rights of accused and victim. This lopsidedness is inherently linked with the evolution of the doctrine of fair trial in adversarial system as a conflict between the state power and the accused where the crime is seen as against the state: Previously the crime against king. This imbalance not only remained visible but also increases throughout the historical evolution of the idea that accused must be protected as against the mighty power of state. This disturbance in equilibrium, in the early 1970’s, was started to be acknowledged by policy makers, jurists, judges and various law reforms committees which resulted in various legislations. However, this lopsidedness still exists and especially within the context of Pakistan.