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IN THE HIGH COURT OF CALCUTTA
Jay Sengupta, J.
Swarnamoyee Patra - Appellant
Versus
State Of West Bengal & Anr. - Respondent
Criminal Revision No. 2982 of 2019
Decided On : 03-03-2020
Expeditious Disposal - Trial under Section 354 of the Penal Code and Section 8 of the Protection of Children from Sexual Offences Act 2012 - The court emphasized the need for expeditious disposal of the trial, especially considering the statutory stipulation for early conclusion of trial for an offence under the Protection of Children from Sexual Offences Act. The court directed the trial court to conclude the proceeding as expeditiously as possible, without granting unnecessary adjournments.
Fact of the Case:
The petitioner sought expeditious disposal of a trial under section 354 of the Penal Code and under section 8 of the Protection of Children from Sexual Offences Act 2012 due to undue delay in the proceedings and influence on witnesses by the accused.
Finding of the Court:
The court found that the impugned proceeding had remained pending for an unduly long period, especially considering the statutory stipulation for early conclusion of trial for an offence under the Protection of Children from Sexual Offences Act. The court directed the trial court to conclude the proceeding expeditiously and without unnecessary adjournments.
Issues: Undue delay in trial proceedings, influence on witnesses, and the need for expeditious disposal of the trial under the Protection of Children from Sexual Offences Act.
Ratio Decidendi: The court emphasized the statutory stipulation for early conclusion of trial for an offence under the Protection of Children from Sexual Offences Act and the need to prevent undue influence on witnesses. The court directed the trial court to expedite the proceedings and avoid unnecessary adjournments.
Final Decision: The revisional application seeking expeditious disposal of the trial was granted, and the trial court was directed to conclude the proceeding as expeditiously as possible, without granting any unnecessary adjournments.
JUDGMENT
Jay Sengupta, J. - This is an application seeking an expeditious disposal of a trial under section 354 of the Penal Code and under section 8 of the Protection of Children from Sexual Offences Act 2012.
2. Affidavit of service filed on behalf of the petitioner is taken on record.
3. Despite service of notice upon the accused/opposite party no.2, no one appears on his behalf.
4. Learned advocate appearing on behalf of the petitioner submits as follows. In the present case, although the FIR was lodged on 20.11.2017 and a charge sheet was submitted on 29.01.2018, till date, the proceeding could not be concluded. The examination of the first witness is going on. After obtaining bail on 01.02.2018, the accused/opposite party started influencing the witnesses of the case and putting pressure on the victim and her family in respect of the pending proceeding. If the proceeding is not completed at the earliest, the best evidence would not be produced in this case.
5. I have heard the submissions of the learned counsels appearing on behalf of the parties and have perused the revision petition.
6. It appears that the impugned proceeding has remained pending for an unduly long period, especially considering the statutory stipulation for early conclusion of trial for an offence under the Protection of Children from Sexual Offences Act.
7. In the event specific allegations are made by the victim of threats or undue influence, the learned trial court shall consider the same and take appropriate steps.
8. In view of the above and in the interest of justice, the learned trial court is requested to conclude the proceeding as expeditiously as possible, without granting any unnecessary adjournments to any of the parties, keeping in mind the statutory stipulation of time within which a trial under the Protection of Children from Sexual Offences Act has to be concluded.
9. With these observations, the revisional application is disposed of.
10. Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon usual undertakings.
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