Excelsior Correspondent
SRINAGAR, Oct 4: High Court has directed for speedy disposal of a criminal case whereby trial court proceedings against the accused for committing rape on minor orphan girl have been halted.
Justice Mohammad Yousuf Wani directed the Registrar Judicial to take necessary steps for getting the pending petition filed by the accused Pawan Kumar seeking quashing of FIR 116 of 2022 registered in Police Station Katra for commission of rape of minor orphan girl by the accused.
The investigation in the FIR has already culminated into the filing of a final police report/challan filed before the court of Principal Sessions Judge, Reasi.
Since the accused Kumar has challenged the FIR and subsequent challan before the High Court and the court while granting interim relief has stayed the process of taking cognizance of the final report/challan.
Justice Wani directed for expeditious speedy disposal of the case under the orders of the Chief Justice. “The pendency of the petition has halted the trial of the criminal case against the petitioner/accused, who is alleged to have committed the serious offences punishable under Sections 376 IPC, 4 of POCSO Act, being against the society. The petitioner/accused may not be interested in the speedy disposal of the petition, which has halted the trial of the main criminal case”, Justice Wani recorded in the judgment.
Justice Wani notwithstanding pendency of the petition filed by the accused against the challan and FIR as also staying the proceedings directed the trial court to continue to list the challan without any effective proceedings till and subject to disposal of the petition preferred by the accused against the FIR, with short adjournments, not exceeding 15 days and ensure the presence of the petitioner/ accused at the trial with liberty to proceed under the provisions of Sections 491,492 of BNSS, in case of the absconding at the trial of the petitioner/accused.
“No doubt the law enforcing agencies are always at high alert but the criminal minded always find an opportunity to commit crime. The chastity of a girl is of predominating factor in the matter of her marriage. The society looks up with apathy, abhorrence and hatred to an unchaste girl and this includes the girl ravished by force or under compulsion”, the court observed.
Court said that most of the incidents relating to sex offences are not at all reported to the police but the court cannot lose sight of the fact that in sexual offences, the failure to report the incident to the police can be due to a variety of reasons particularly due to reluctance of the prosecutrix and her family members go to the police and complain about incident which concerns the reputation of the prosecutrix and the honour of the family members.
Court added that even the authorities under the Juvenile Justice (Care and Protection of Children) Act 2015 fail to act in respect of the children in accordance with the provisions of Chapter-VI and VII of the Act and the rules framed there under.
Justice Wani further emphasized on the trial court to verify as to whether an application by or on behalf of the prosecutrix/victim for award of compensation under Victim Compensation Scheme in force stands filed and processed. “In case such an application is not found to have been filed, the trial court shall take necessary steps in coordination with the District Legal Service Authority, so that the entitlement of the prosecutrix to compensation under Victim Compensation Scheme is addressed to at an earliest,” High Court added.
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