Rape Victim Has Right to Speedy Trial to Resume Life: Kerala HC [READ JUDGMENT]

IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT:

     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

                        ----------

   PETITIONER/DEFACTO COMPLAINANT  :
   ------------------------------


   RESPONDENT/STATE :
   ----------------

          THE STATE OF KERALA,
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682031
          FOR THE SUB INSPECTOR OF POLICE,

     THIS CRIMINAL MISC. CASE  HAVING COME UP FOR ADMISSION
     , THE COURT ON THE SAME DAY PASSED THE
     FOLLOWING:

bp


---------------------------

                           APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------

ANNEXURE A:     TRUE COPY OF THE F.I.R. AND F.I.S.

ANNEXURE B:     TRUE COPY OF THE MEMORANDUM OF EVIDENCE AND
                CHARGE


RESPONDENT(S)' EXHIBITS         :         NIL.

                                          //TRUE COPY//



                                          P.A. TO JUDGE
bp



              RAJA VIJAYARAGHAVAN.V, J
           ----------------------------------------

           -----------------------------------------


                          O R D E R

1.The petitioner is the de facto complainant in a sessions case on the file of the Special Court for Trial of

  Offences against Women and Children, Manjeri. The

  accused in the said case is being proceeded against under

  section 376 and 323 of the IPC.

2.The petitioner has approached this Court with a fervent

  prayer to expedite the proceedings. It is submitted that

  her marriage is scheduled to be held in the last week of

  January 2017. As many as 13 witnesses have been cited

  in the above case to prove the prosecution case. She fears

  that if she is called upon to give evidence after her

  marriage, it would adversely affect her matrimonial life .

  Her prayer is to direct the learned Sessions Judge to

  expedite the trial or at least to complete the recording of

  her evidence.



3.It is submitted across the bar that the charge has already

  been framed and the case is ripe for trial. Calling upon a

  victim of Rape to state her version of a gory incident,

  while she is on the verge of setting up a new life should

  be avoided as far as possible. She is definitely entitled to

  have her evidence recorded expeditiously. It appears that

  CW's 1 to 3 are the witnesses who have been cited to

  prove the incident.

4.Having considered the attendant facts and circumstances,

  on pure humanitarian considerations and to secure the

  interest of justice, the court below is directed to issue

  summons to CW 1 to 3 and take all steps to record the

  evidence of the said witnesses, as far as possible on or

  before 24.1.2017.

  The petition is disposed of with the above directions.




                                        Sd/-
                             RAJA VIJAYARAGHAVAN.V.
                                        JUDGE

vps



Note: Details of the victim has been removed from this judgment. For more information, contact mahirhaneef@gmail.com