The Supreme Court has expressed serious concern over the manner in which a rape survivor’s testimony is being recorded in a trial court in West Bengal, after learning that her examination was adjourned for nearly four months.
A bench of Justices J.B. Pardiwala and K.V. Viswanathan said both the trial court and the Central Bureau of Investigation (CBI), the prosecuting agency, owe an explanation for the “piecemeal” examination of the survivor.
The bench noted that the survivor had already stepped into the witness box, but her further examination was deferred to December 18. “We fail to understand that once the witnesses and more particularly when the victim herself has stepped into the witness box why this examination in piecemeal. Why should the trial court adjourn the further examination of the victim by a period of four months. The trial court owes an explanation in this regard,” the court observed.
The judges warned that such delays could have serious consequences for the case, remarking that the adjournment “unwittingly facilitated” the accused to tamper with prosecution witnesses. “This is something which we should not ignore as it is a matter of grave concern,” the bench added.
The court further questioned the role of the CBI and the public prosecutor in the conduct of the trial, asking why the survivor was not examined at the outset. “Why the victim has been put in the box after a long time? The victim should have been the first witness to step into the witness box,” the bench said.
The observations came during a hearing on a plea filed by the CBI challenging a Calcutta High Court order of September last year that granted bail to one of the accused in the case.
Directing the Supreme Court registry to seek a report from the trial court, the bench asked for details of the progress of the trial, including the number of witnesses examined so far and the date when the survivor was last examined. The report is to be submitted within a week.
The bench also granted the accused one week to file a counter affidavit and scheduled the matter for further hearing on September 22.
