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SATYEN VAIDYA
Shallu – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
The petitioner is accused in case FIR No. 13 of 2021 dated 30.1.2021, registered at Police Station Majra, Tehsil Paonta Sahib, District Sirmour, H.P Under Sections 363, 366-A, 376 Indian Penal Code and Section 4 of Protection of Children from Sexual Offence (POCSO) Act and Sections 5, 7 of Immoral Traffic(Prevention) Act, 1956.
2. The petitioner is in custody since 05.02.2021.
3. Brief facts are that on 30.01.2021 a case was registered at Police Station Majra Tehsil Paonta Sahib, District Sirmour, at the instance of the mother of the victim. It was alleged that the victim was aged about 16 years and 4 months only and on 28.01.2021, the victim had left the home without informing any one. She was missing and was not traceable. On 31.01.2021, the complainant visited the Police Station along with the victim. On 01.02.2021, the statement of the victim under Section 164 of Cr.P.C was recorded before learned Judicial Magistrate First Class, Court No. 2 Poanta Sahib. After investigation, it was concluded that the victim was enticed by the petitioner and her person was used for immoral trafcking. The victim remained in custody of petitioner from 28.01.2021 to 31.01.
Right of speedy trial is a valuable constitutional right.
Concern of this Court at this stage is to secure fair and expeditious trial of case.
The right to speedy trial is a valuable right available to the accused, and delay in trial can be a factor in granting bail.
Point of Law : Right to speedy trial is a valuable constitutional right available to the petitioner - Petitioner has already suffered prolonged incarceration - She cannot be allowed to be detained ....
Inordinate trial delay in serious child sexual offence case violates Article 21 speedy trial right, entitling regular bail despite gravity if no tampering risk and conditions imposed.
Possibility of petitioner tampering with the prosecution evidence is found to be without substance as the material witnesses including complainant has already been examined in the case.
Right of speedy trial has been recognized to be a fundamental right under Article 21 of Constitution of India.
Completion of fair and expeditious trial can be taken care of by putting petitioner to appropriate terms.
The main legal point established in the judgment is the importance of the right to speedy trial, the presumption of innocence at the pre-conviction stage, and the potential injustice of prolonged pre....
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