Gauhati High Court
Xxx vs In Re- State Of Assam And Anr on 21 December, 2022
Author: N.Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/5
GAHC010253322022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Tr.P(Crl)(Suo moto)/1/2022
XXX
GAUHATI HIGH COURT, GUWAHATI, ASSAM.
VERSUS
IN RE- STATE OF ASSAM AND ANR.
REP. BY THE PRINCIPAL SECRETARY, HOME AND POLITICAL DEPTT.,
JANATA BHAWAN, DISPUR, GUWAHATI-781006.
Advocate for the Petitioner : MR H K DAS (SC, GHC)
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 21.12.2022 (N.KOTISWAR SINGH,J) Heard Mr. H. K.Das, learned Standing Counsel, Gauhati High Court and Mr.D. Das, learned Addl.P.P. for the State respondent.
2. The Suo-Moto transfer petition has been placed before us, after the Page No.# 2/5 learned Special Judge, Protection of Children from Sexual Offences Act, 2012( hereinafter POCSO) who is conducting the trial made an observation that during the argument in the said trial it has been pointed out by learned defence counsel that the place of occurrence of the offence u/s 4 of the POCSO Act is in Guwahati and as such trial should be conducted in Guwahati. However, learned Trial Court also observed that recording of evidence of the prosecution witnesses has been already completed and the statement of the accused u/s 313 Code of Criminal Procedure, 1973 (hereinafter Cr.P.C) has also been recorded, and it has also been noted that the FIR was lodged in Belsor Police Station under the jurisdiction of Nalbari Sessions Division and investigation also carried out within the jurisdiction of the said Court and on completion of investigation charge sheet was submitted in the said Court after taking cognizance, trial was conducted. However, in view of the submission made by the learned Defence counsel, the matter was sought to be placed before the Gauhati High Court and accordingly the matter has been placed before the this Bench for consideration.
3. Since the matter relates to jurisdiction of a criminal court, we may refer to Chapter XIII of Cr.P.C. which deal with jurisdiction of the criminal courts in inquires and trials.
Section 177 Cr.P.C provides that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. Accordingly the concerned competent Sessions court could have also conducted the trial in view of Section 177 Cr.P.C.
However Section 178 Cr.P.C also provides that when it is uncertain in which of several local areas an offence was committed, or where an offence is committed partly in one local area and partly in another or where an Page No.# 3/5 offence is a continuing one and continues to be committed in more local areas than one or where it consists of several acts done in different local areas, it may be inquired into or tried by a court having jurisdiction over any of such local areas.
Further, it has been provided under Section 179 Cr.P.C. that when an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.
Section 180 Cr.P.C. further provides that when an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence , the first mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done.
As regards certain kinds of offences relating to thug or murder committed by a thug, of dacoity with murder of belonging to a gang of dacoit or escaping from custody, the jurisdiction is mentioned as provided under Section 181 Cr.P.C. with which we are not concerned with.
Section 182 Cr.P.C deals with the offences committed by letters, etc. Section 183 Cr.P.C deals with offence committed on journey or voyage. Section 184 Cr.P.C. provides for the place of trial for offences triable together. Section 185 Cr.P.C deals with power to order cases to be tried in different sessions and divisions.
Section 186 Cr.P.C empowers the High Court to decide, in case of doubt , district where inquiry or trial shall take place.
Section 187 Cr.P.C. deals with the power to issue summons or warrant for Page No.# 4/5 offence committed beyond local jurisdiction, Section 188 Cr.P.C. deals with the offence committed outside India and Section 189 Cr.P.C. deals with of receipt of evidence relating to offences committed outside India.
4. We are of the view that this issue raised can be considered in the light of the provisions of Section 178 and 179 of Cr.P.C and we need not invoke Section 186 Cr.P.C.
Without going into the material evidences on record, since the matter is pending before the trial Court for consideration, we may refer to the FIR on the basis of which the investigation was initiated and the trial conducted. From the FIR, we get that the mother of the victim girl had lodged a complaint before the Officer- in-charge, Belsor Police Station on 2.9.2018, which falls under the judicial jurisdiction of POCSO Court of Nalbari in which it was alleged that she and her family had been staying as tenants in the property belonging to the accused for last about 20 years. It was alleged that in course of the stay, the accused had developed relationship with the victim girl and she was taken by the accused to Guwahati, who took advantage of her for about 1/2 months, and thereafter, she become pregnant and there was an attempt to terminate the pregnancy by administering medicine to her but later on her pregnancy was terminated by the accused by taking her to SMKC Hospital, Nalbari. Thus, the aforesaid complaint clearly indicates that though a part of the criminal acts took place in Guwahati, since it was a continuing offence which was initiated at Nalbari and the consequences of such crime continued in Nalbari District, it would fall under Nalbari jurisdiction.
5. Part of the offence under 312 of IPC and 313 IPC also took place under the Nalbari jurisdiction. Under the circumstances, we are of the view that learned Special Judge, Nalbari will have jurisdiction to continue with the trial Page No.# 5/5 which has been initiated against the accused u/s 4 of POCSO Act alongwith Sections 312 IPC and 313 IPC, both under Sections 178 and 179 Cr.P.C. The trial may accordingly be continued before the Special Judge, Nalbari.
6. The Suo-Moto petition is accordingly disposed of with the above observation.
Records be remitted to the concerned court forthwith.
JUDGE JUDGE Comparing Assistant