A
bench of justices Swatanter Kumar and Fakkir Mohammed Ibrahim Kalifulla
gave their judgement on December 6, 10 days before the Delhi gangrape
which triggered nation-wide outrage with strong demands for
fast-tracking of rape cases.
The
apex court's verdict came while dismissing the appeal of a man
convicted and sentenced to life imprisonment for the offences of murder
and robbery.
The
convict, Akil, along with two others in October 1998 while robbing a
woman of her cash and jewellery at gunpoint inside her home at Maujpur
here had shot her friend when he had objected to the accused's attempt
to molest her.
"We
issue directions in light of the provisions contained in section 231
(evidence for prosecution) read along with section 309 (power to
postpone or adjourn proceedings) of CrPC for the trial court to strictly
adhere to the procedure prescribed therein in order to ensure speedy
trial of cases.
"And
also rule out the possibility of any manoeuvring taking place by
granting undue long adjournments for mere asking," the bench said in its
37-page judgement.
Section
309 of the CrPC provides that in every inquiry or trial the proceedings
should be held as expeditiously as possible and once the examination of
witnesses begins the same shall be continued on a day-to-day basis till
all the witnesses are examined.
The
apex court also noted that in cases that come under section 376 (rape)
and related offences under sections 376 A to D of the IPC, the CrPC
stipulates that "the inquiry or trial shall, as far as possible, be
completed within a period of two months from the date of commencement of
the examination of witnesses."
The
apex court made the observations in the case after it found that the
trial court had granted a two-month-long adjournment in the case after
which one of the witnesses had turned hostile during his
cross-examination.
The bench cautioned the trial court against granting long adjournments.
"We
wish to issue a note of caution to the trial court dealing with
sessions case to ensure that there are well settled procedures laid down
under the CrPC as regards the manner in which the trial should be
conducted in sessions cases in order to ensure dispensation of justice
without providing any scope for unscrupulous elements to meddle with the
course of justice to achieve some unlawful advantage," it said.
The
apex court referred to one of its earlier decisions when it had asked
all the high courts "to remind all the trial judges of the need to
comply with section 309 of the Code in letter and spirit. In
fact, the high courts were directed to take note of the conduct of any
particular trial judge who violates the above legislative mandate and to
adopt such administrative action against the delinquent judicial
officer as per the law."
The
court went on to add that it was "unfortunate" that despite specific
directions by it, "such recalcitrant approach was being made by the
trial court unmindful of the adverse serious consequences affecting the
society at large flowing therefrom."
"Therefore,
even while disposing of this appeal by confirming the conviction and
sentence imposed on appellant by trial judge and confirmed by the
impugned judgement of September 2005 of the high court, we direct the
registry to forward a copy of this decision to all the high courts.
"..to
specifically follow the instructions issued by this court, to ensure
that such directions are scrupulously followed by the trial courts
without providing scope for any deviation in following the procedure
prescribed in the matter of a trial of sessions cases as well as other
cases as provided under Section 309 of CrPC," the court said.
The
apex court also referred to a 1987 circular of the Delhi High Court
which said that whenever more than three months have elapsed between the
date of arrest and close of trial, an explanation on the cause of delay
shall be forthcoming in the judgement.
|
Friday, December 28, 2012
Courts must ensure speedy trial in rape cases: SC
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