Patna High Court Criticizes "Ugly Haste" Of POCSO Court Which Conducted Entire Trial And Sentenced Accused In A Single Day, Orders Fresh Trial

The Patna High Court has recently quashed and set aside a trial court’s order imposing life sentence on an accused convicted for offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO).

A bench comprising Justices AM Badar and Sandeep Kumar criticized the "ugly haste" shown by the trial court in disposing of the case in one day itself. It observed,

"On the day of framing of the charge itself, police papers were supplied to the accused and the entire trial came to be concluded on the very same day...Because of flagrant violation of principles of natural justice and blatant disregard to the mandatory statutory provisions of the Code of Criminal Procedure, 1973, the impugned Judgement cannot be sustained. Rather the trial itself is vitiated. The manner in which the trial was commenced, conducted and concluded by the learned trial court clearly displays and demonstrates glaring abuse of prescribed procedure of conducting the criminal trial and, therefore, there is no alternative but to direct for De-novo trial of the accused from before the stage of framing of the charge as breach of mandatory provisions of law commenced before framing of the charge causing miscarriage of justice."

The appellant-accused had moved the High Court challenging the order passed by the Special Judge, wherein he was convicted of the offences punishable under Section 376 AB (Punishment for rape on woman under twelve years of age) of the Indian Penal Code, 1860 as well as under Section 4 (Punishment for penetrative sexual assault) of the POCSO Act. The Appellant was further sentenced to suffer rigorous imprisonment for life.

Facts in Brief

The accused allegedly lured an eight-year-old girl and took her to a shop and then to a ‘Bagaan’ (Garden), where he committed penetrative sexual assault on her. After the act, the accused fled from the scene. The victim returned home and told her mother about the incident. She was taken to a health centre for medical treatment, and her father lodged a complaint against the accused on the same day under Section 376 AB of the Indian Penal Code and Section 4 of the POCSO Act.

The accused was arrested during the investigation, and routine procedures were followed. Witness statements were recorded, and after the investigation was completed, a charge sheet was filed against the accused, leading to the registration of a Special POCSO case.

The trial court took cognizance of the alleged offences committed by the accused. The accused was given police papers on the day the charge was framed, and the entire trial was completed on the same day. That is how the accused was convicted and sentenced under the impugned Judgment and Order of Conviction and the resulting sentence.

Judgement

The bench initially opined that there was an ugly haste shown by the trial court in disposing the case in a single day by showing blatant disregard to the principles of natural justice as well as Article 21 of the Constitution of India apart from throwing away the statutory provisions enacted for according fair trial to the accused found in the Code of Criminal Procedure, 1973.

The bench pointed out that the very same Judge, in a similar manner, had passed a similar judgement in a case against the accused. It was impugned in an appeal before the High Court and the judgement rendered by the High Court in the said matter squarely covers the case in hand.

The bench placed reliance on the cases of Md. Major @Mejar Vs. State of Bihar reported in 2022 (5) BLJ 302 and Anokhilal Versus State of Madhya Pradesh reported in (2019)20 Supreme Court Cases 196 wherein it was held that:

"26. Expeditious disposal is undoubtedly required in criminal matters and that would naturally be part of guarantee of fair trial. However, the attempts to expedite the process should not be at the expense of the basic elements of fairness and the opportunity to the accused, on which postulates, the entire criminal administration of justice is founded. In the pursuit for expeditious disposal, the cause of justice must never be allowed to suffer or be sacrificed.What is paramount is the cause of justice and keeping the basic ingredients which secure that as a core idea and ideal, the process may be expedited, but fast tracking of process must never ever result in burying the cause of justice.

28. ... This makes it clear that the trial Judge is required to follow the procedural law meticulously and scrupulously at each and every stage of criminal trial in order to see that fair trial is granted to the accused."

The bench held the trial court had completely failed to follow due process of law while convicting the accused and imposing him the sentence.

The impugned Judgement and the Order passed by the trial court i.e. Special Judge, POCSO, Araria in the Special POCSO Case was quashed, and the matter was remanded to the trial court for fresh trial from before the stage of framing of the charge, since the trial was vitiated.

Case Title: Raj Kumar Yadav vs. The State of Bihar Criminal Appeal (DB) No. 196 of 2022

Citation: 2023 LiveLaw (Pat) 23