What is the case about?
The apex court has adjudicated is against the impugned order and judgement passed by High Court of Rajasthan.
The respondent vide judgement dated 24.04.2018 passed by Magistrate, Special Court, Protection of Children from Sexual Offences Act, 2012, Jodhpur was convicted under various section and was punished for rigorous imprisonment for different periods and life imprisonment for his natural life along with fine.
In 2021, the respondent filed an application under Section 391 of Cr.P.C alleging that the entire cade of rape and sexual harassment is false and concocted since the victim had never been inside the house described as ‘kutiya’.
The High Court vide judgement dated 10.02.2022 allowed the application and even directed summoning and recording of evidence of the DCP who was posted at Jodhpur and dealing with this case.
Contentions of the parties
The counsel of the appellant submitted that the quotes from the book written by Ajay Pal Lamba ( DSP at Jodhpur) is the dramatized version of events of the case and was made clear in the disclaimer. It was also contended in the appeal that the application by the Respondent cannot be heard till the evidence of Ajay Pal Lamba is recorded.
The counsel of the respondent submitted that the respondent has suffered incarceration for nearly 9 years and 7 months. It was argued that the victim was tutored based on the videography of the scene of the crime. The video was captured by Ajay Lamba on his mobile phone.
Observations by the Court
Court allowed the appeal and set aside the impugned orders and judgement passed by the High Court.
Court directed the High Court to take up the appeal for an expeditious hearing as because the respondent as already suffered incarceration of a long time.
Court remarked that right to speedy trial also includes speedy disposal of appeals and it is the obligation of Court to ensure it. There should be no compromise with a fair trial.
Court held that recall of witnesses for examination should be done for a valid reason and for just and fair adjudication if the matter.
Court held that additional evidence in appeal should serve the purpose of preventing injustice and shall be exercised for
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
