Read Time: 07 minutes
The Trial Court concluded the trial in just four days and awarded death sentence to the accused.
The Patna High Court today rejected the death reference and remanded the POCSO case for a fresh trial where the accused of raping a minor was convicted in just 4 working days. The convict was awarded the death sentence.
Quashing and setting aside the order of the Special Judge (POCSO), Araria (trial court), the bench of Justice AM Badar and Justice Rajesh Kumar Verma observed that the accused was not awarded a fair trial in the instant case.
Court perused the order sheet of the trial court's decision and observed that many stages of a trial prescribed by the procedural Code, were jumped by the trial court to reach its conclusion and the accused was in an incommunicado state right from the inception to the end of the trial as he appeared only through video conferencing.
Refusing to dwell upon the merits of the matter, the bench said, "The manner in which the trial was commenced, conducted and concluded clearly displays and demonstrates glaring abuse and misuse of judicial power by learned Trial Court, while exercising judicial function".
Court, therefore, ordered, "There is no alternative but to direct for De-novo Trial of the accused from the stage before framing of charge as breach of mandatory provisions of law commenced before framing of the charge causing miscarriage of justice".
Moreover, Court stressed the need for maintaining the balance between the right to a speedy trial and the accused's constitutional right declared in Article 21 of the Constitution. Court observed,
"Despite these provisions meant for speedy trial of sexual offences against women and children, one will have to keep in mind that each stakeholder including the accused has an inbuilt constitutional right declared in Article 21 of the Constitution to be dealt with fairly in a criminal trial, by adherence to the procedure which must be reasonable, just and fair."
Court said that failure to adopt such procedure and non-compliance of statutory procedure so also error in the procedure adopted at the trial can entail the consequence of setting aside the conviction and sentence imposed on the accused.
APP Satya Narayan Prasad and Advocate Vijay Kumar appeared on behalf of the State Government whereas Senior Advocate Sanjay Singh, Advocate Raj Kumar along with four others appeared for the accused. Advocate Prince Kumar Mishra appeared as the Amicus Curiae in the case.
Shashi Kant Rai, Special Judge (POCSO)-cum-A.D.J.-VI, Araria, passed the sentence order against accused Moh. Major on January 27, 2022.
Allegedly, Mohd Major raped a six-year-old girl from his neighborhood in Bihar's Araria on December 1, 2021. A case was filed under provisions of the Indian Penal Code (IPC), Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, and POCSO Act against him.
On the 54th day of the incident, the judgment convicting the accused was passed in this case. The case was claimed to be one of the quickest convictions in a POCSO case across the country.
Thereafter, the Special Judge was suspended by the High Court through a "non-speaking suspension order" dated February 8, 2022. The judge challenged his suspension and claimed that his suspension was done presumably for delivering a series of quick judgments including the judgment in the instant case.
The judge moved the top court challenging the suspension order and after Supreme Court's interference, the High Court recalled the "non-speaking suspension order" passed against the Judge. The high court also dropped the disciplinary proceedings against the judge.
Case Title: State of Bihar vs Md Major
Please Login or Register
