The central legal point established is the importance of witness protection and the need for expeditious proceedings in criminal cases.

JUDGMENT

Rajnish Bhatnagar, J. - It is submitted by the Ld. APP for the state that as per the previous order of this Court, the Ld. District & Sessions Judge, North District, Rohini Court has filed the report on the applications moved by Dr. Rajesh Verma (PW 2) and his wife i.e. prosecutrix for providing protection.

2. It is submitted by the Ld. Counsel for the petitioner in the bail application that the prosecutrix and her husband are not appearing before the Trial Court for recording of their evidence and are delaying the same on one pretext or the other. It is further submitted by the Ld. counsel for the petitioner that due to non appearance of the witnesses, the case is being unnecessarily delayed.

3. On the other hand, it is submitted by the Ld. counsel for the complainant that his application U/s 311 Cr.P.C is pending disposal before the Trial Court. He further submitted that the prosecutrix and her husband are facing threats and for that reason they are not appearing before the Court.

4. The victim moved Crl. M.C. 5916/2019 impugning the order dated 13.09.2019 whereby the victim and her husband were summoned for recording of their evidence on 21.11.2019. The aforesaid order dated 13.09.2019 was also assailed on the ground that the applications filed by the victim seeking protection under the Witness Protection Programme and for retesting of the exhibits was pending consideration before the Trial Court.

5. In the instant case, the victim was examined in chief for the first time on 30.01.2019 and since then her evidence is pending and cross examination of Rajesh Verma (PW-2) is pending since 19.09.2019. On 08.07.2019, two petitions were heard by the Co-ordinate Bench of this BAIL APPLN. 1555/2018 & CRL.M.C. 5916/2019 Page 3 of 9 Court. The first being Crl.M.C. 1665/2019 filed by the victim against the order dated 07.03.2019 passed by the Trial Court whereby the victim's request for re-examination / re-testing of the exhibits was declined and while disposing of the aforesaid Crl. Miscellaneous petitions, it was directed as under :-

"In view of the aforesaid, impugned order is set aside with direction to the trial court to ensure that evidence of FSL expert is recorded at the first instance and thereafter only, evidence of prosecutrix be recorded. Thereafter, appropriate orders on the petitioner's instant application be passed in the light of evidence of the FSL expert."

6. On the same date i.e. on 08.07.2019, the bail application bearing B.A. No. 1555/2018, also came up for consideration before the aforesaid Bench and in the presence of the Ld. Counsel for the victim/prosecutrix the following order was passed:

"The orders on this application are deferred for today as counsel for complainant/prosecutrix undertakes that prosecutrix would appear before the trial court for recording of her evidence on 3rd August, 2019."

7. On 03.08.2019, in terms of the undertaking given on behalf of the victim, neither the prosecutrix nor her husband appeared on 13.09.2019 for recording of their evidence in spite of the fact that in compliance of the aforesaid order dated 08.07.2019 passed by this Court the FSL expert was examined and discharged. The victim and her husband were then summoned by the Ld. Trial Court for recording their evidence for 21.11.2019.

8. On 21.11.2019, before this Court, the counsel for the victim undertook that the victim and her husband would appear before the Trial Court on 25.11.2019 for recording their evidence. Since the victim has shown threat apprehensions and the fact that victim was earlier partly examined on 30.01.2019, so the Ld. Trial Court was asked to make an endeavour to examine the victim on 25.11.2019 and dispose of her applications seeking protection as well as re-testing at the earliest and the matter was listed for 29.11.2019.

9. On 29.11.2019, the counsel for the victim submitted that on account of the illness of mother-in-law of the victim the examination in chief of the victim has been deferred to 02.12.