Accused's Right To Expeditious Conclusion Of Trial Can't Be Defeated When Complainant Appears As Witness On Her Own Terms: Delhi High Court

The Delhi High Court has observed that the right of an accused to the expeditious conclusion of trial cannot be defeated when the complainant chooses to appear as a witness at her own terms.

Justice Navin Chawla said that the accused also has a right to the expeditious conclusion of the trial, as mere pendency of a case accusing a person of a criminal offence can attach stigma and cause embarrassment. 

“The right of the accused cannot be defeated with the complainant choosing to appear as a witness at her own terms and only when convenient to her,” the court said.

Justice Chawla rejected a plea moved by a complainant challenging the dismissal of her revision petition in a case alleging that the accused outraged her modesty. The woman sought revision of an order whereby her application praying that she be allowed to examine herself as a witness was rejected.

Her application was dismissed as the trial court found no merit in it and observed that she tried to make a mockery of the court by seeking adjournments on frivolous grounds and causing unreasonable and unexplained delay in the conclusion of the trial. Vide the impugned order, her revision petition was dismissed.

Dismissing her plea, Justice Chawla said that the complainant was merely trying to, one way or the other, ensure that the criminal case did not meet its end.

“Such abuse of the process cannot be allowed to sustain. I find no merit in the present petition. The same is accordingly dismissed,” the court said.

Counsel for Petitioner: Mr.Amar Nath Jha, Adv

Counsel for Respondents: Ms.Priyanka Dalal, APP

Title: S v. STATE NCT OF DELHI AND ORS.

Citation: 2024 LiveLaw (Del) 278

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