Piecemeal Examination of Rape Victim Facilitates Witness Tampering, Matter of Grave Concern: Supreme Court - 2025-09-11

Supreme Court Expresses ‘Grave Concern’ Over Piecemeal Examination of Rape Victim, Warns It May Facilitate Witness Tampering

New Delhi: The Supreme Court on Monday expressed serious concern over the prolonged and fragmented recording of a rape victim's testimony, stating that such delays could "unwittingly facilitate the accused to tamper with the prosecution witnesses." The bench, comprising Justices J.B. Pardiwala and K.V. Viswanathan, has demanded an explanation from the trial court for the slow pace of the trial.

The Court was hearing a petition filed by the Central Bureau of Investigation (CBI) seeking the cancellation of bail granted to the accused, Mir Usman @ Ara @ Mir Usman Ali.

Case Background

The case involves a Special Leave Petition by the CBI against a High Court order that granted bail to the respondent, Mir Usman. At the time of his release, the accused had been in custody for three years and five months. The bail was granted approximately one year prior to the current Supreme Court hearing. The CBI approached the apex court to have this bail order revoked.

Court's Observations and Concerns

During the hearing, the bench was informed that the trial had commenced and the victim was currently being examined. However, the court was dismayed to learn about the manner and pace of the proceedings.

"We fail to understand that once the witnesses and more particularly when the victim herself has stepped into the witness box why this examination in piecemeal," the bench observed.

The court specifically questioned the trial court's decision to adjourn the victim's further examination by four months, from her last appearance to the next scheduled date of December 18, 2025.

"The trial court owes an explanation in this regard. By granting time for further examination, the trial court could be said to have unwittingly facilitated the accused to tamper with the prosecution witnesses. This is something which we should not ignore as it is a matter of grave concern," the Supreme Court's order stated.

The bench also directed scrutiny towards the prosecution, questioning the CBI and its public prosecutor about the delay in bringing the victim to the witness box in the first place. "Why the victim has been put in the box after a long time. The victim should have been the first witness to step into the witness box," the court remarked.

Directions Issued

In light of these serious concerns, the Supreme Court has taken the following steps: 1. Report from Trial Court: The Registry has been directed to immediately call for a report from the concerned trial court. The report must detail the current status of the trial, including how many witnesses have been examined, the date of the victim's last examination, and the total number of remaining prosecution witnesses. 2. Timeline: This report is to be submitted to the Supreme Court within one week. 3. Response from Accused: The respondent (the accused) has been granted one week to file a counter-affidavit.

Final Decision and Implications

The Supreme Court has not yet decided on the CBI's plea to cancel the bail. Instead, it has prioritized addressing the procedural lapses and delays in the trial that could jeopardize the integrity of the judicial process.

The Court has scheduled the next hearing for September 22, 2025, when it will review the trial court's report and the respondent's affidavit. This order underscores the apex court's firm stance on the necessity of speedy and continuous trials, especially in sensitive cases like rape, to protect witnesses and ensure a fair outcome.