Kerala High Court
X vs State Of Kerala on 29 July, 2020
Author: V.G.Arun
Bench: V.G.Arun
OP(CRL.).152/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 29TH DAY OF JULY 2020 / 7TH SRAVANA, 1942
OP(Crl.).No.152 OF 2020
AGAINST THE ORDER/JUDGMENT IN MC 130/2017 OF FAMILY COURT,
MAVELIKKARA
CRIME NO.452/2008 OF Mukkom Police Station , Kozhikode
PETITIONER/S:
X
X
BY ADV. SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
2 SECRETARY TO GOVERNMENT,
DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
OTHER PRESENT:
PP SREEJA V.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
29.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.).152/2020 2
V.G.ARUN, J.
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O.P(CRL.).NO.152 of 2020
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Dated this the 29th day of July, 2020
JUDGMENT
The grievance highlighted in the original petition is about the long and tormenting wait for justice by a rape victim. The alleged incidents pertain to the years 2007 and 2008. The victim is lodged at the Nirbhaya Shelter Home run by the Government. At her instance, Crime No.452 of 2008 was registered at the Mukkom Police Station on 3.10.2008 and on completion of the investigation, final report was filed on 8.1.2009 alleging commission of offences under Sections 366A, 372, 373, 376, 376G, 506(i) and 34 of IPC. Thereafter, the case was committed to the Sessions Court and is now pending as S.C.No.530 of 2009 on the files the Fifth Additional Sessions Court (for the trial of the cases related to atrocities and sexual violence towards women and children), Kozhikode. This Court had called for a report from the Special Court regarding the reason for the delay in conducting trial in the case. The Sessions Judge (in-charge) has reported that, though the case was taken up frequently, it had to be adjourned for various reasons. That, a Special Public Prosecutor was appointed as per order OP(CRL.).152/2020 3 No.GO(Rt).No.526/2016/Home dated 19.2.2016 and the trial was ultimately scheduled to be conducted from 28.2.2019 to 11.3.2019 and summons issued to witnesses. While so, on 23.2.2019, the Special Public Prosecutor intimated the Court that he was relinquishing the post of Special Public Prosecutor due to health problem. Since no other Special Public Prosecutor was appointed thereafter, the trial could not be conducted.
2. During the pendency of this matter, the Director General of Prosecution is seen to have addressed the Government vide communication dated 24.6.2020, pointing out the necessity of appointing a Special Public Prosecutor in S.C.No.530 of 2009 expeditiously. In terms of the request, a new Special Public Prosecutor has been appointed by the Government.
3. Taking into consideration this welcome development, the original petition is disposed of directing the Fifth Additional Sessions Court (for the trial of the cases related to atrocities and sexual violence towards women and children), Kozhikode to take earnest efforts to ensure that the trial in S.C.No.530 of 2009 is listed for trial without further delay and conducted on a day-to-day basis, so as to ensure that the judgment is rendered within an outer limit of six months from the date of receipt of a copy of this judgment.
4. The learned counsel for the petitioner submits that in view of the inordinate delay and the plight of the victim, she would be entitled OP(CRL.).152/2020 4 for compensation, on the accused being convicted. This is an aspect which only the trial court can consider, depending on the outcome of the case and in accordance with law.
Sd/-
V.G.ARUN, JUDGE vgs OP(CRL.).152/2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 3.10.2008.
EXHIBIT P2 COPY OF THE FINAL REPORT DATED 8.1.2009 IN S.C.NO.530/2009 PENDING BEFORE VTH ADDITIONAL SESSIONS COURT, KOZHIKODE.
EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 25.7.2019 IN CRL.M.C.1616/2016.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 8.3.2019.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 18.2.2013.