SC fumes over ‘piecemeal’ examination of rape survivor

Taking exception to a rape survivor's “piecemeal” examination by a trial courtroom in West Bengal, the Supreme Courtroom has raised questions over her deposition being adjourned for 4 months.

A bench of Justices J B Pardiwala and Ok V Viswanathan mentioned the trial courtroom and the CBI, the prosecuting company within the case, owed a proof.

The bench was knowledgeable that the alleged survivor had already stepped into the witness field and was within the midst of recording her testimony and the her additional examination was saved on December 18 by the trial courtroom.
“We fail to know that when the witnesses and extra significantly when the sufferer herself has stepped into the witness field why this examination in piecemeal. Why ought to the trial courtroom adjourn the additional examination of the sufferer by a interval of 4 months. The trial courtroom owes a proof on this regard,” the highest courtroom mentioned.

By granting time for additional examination, the bench mentioned, the trial courtroom had “unwittingly facilitated” the accused to tamper with the prosecution witnesses.

“That is one thing which we must always not ignore as it's a matter of grave concern,” it added. The bench mentioned even the CBI owed a proof, extra significantly the general public prosecutor, in-charge of the trial. “Why the sufferer has been put within the field after a very long time? The sufferer ought to have been the primary witness to step into the witness field,” it mentioned.

The highest courtroom was listening to a plea filed by the CBI difficult a September final yr order of the Calcutta Excessive Courtroom granting bail to an accused within the case.

The bench requested the apex courtroom registry to name for an acceptable report from the trial courtroom relating to the standing of trial, together with what number of witnesses had been examined to this point and when was the alleged sufferer examined the final.

“Let this report be known as for in order to succeed in this courtroom inside a interval of 1 week from as we speak,” the bench mentioned on September 8.

Granting every week's time to the accused to file his counter affidavit, the bench posted the matter for September 22.