The Karnataka High Court has expressed severe criticism over the prolonged delay in the trial of a rape and murder case involving a five-year-old girl, stating that such delays bring disrepute to the criminal justice system. The case, which has been pending for seven years, starkly contravenes the stipulations of the Protection Of Children from Sexual Offences (POCSO) Act, 2012, which mandates the conclusion of trials within one year wherever possible.
Justice M Nagaprasanna, presiding over the matter, highlighted the dire implications of such delays in cases involving heinous crimes, describing them as a “sad reflection of the legal and judicial system.” He noted that despite the clear guidelines under Section 35(2) of the POCSO Act for trial completion within one year, numerous cases remain unresolved in the trial courts.
The ongoing delay in this particular case was scrutinized during the hearing of an application by one of the accused, Chandana, who sought to recall nine witnesses for cross-examination. This request stemmed from the trial court’s rejection of a previous application, which cited the inability to cross-examine due to the accused’s advocate’s ill health.
The High Court observed that the repeated filing of applications for recalling witnesses significantly contributed to the trial’s delay. However, acknowledging the importance of the right to cross-examine, the court granted permission to recall the nine witnesses. The court stipulated that the cross-examination must be completed within nine days, and the entire trial should conclude within three months following the completion of this process.
