Taking exception to a rape survivor's "piecemeal" examination by a trial court in West Bengal, the Supreme Court has raised questions over her deposition being adjourned for four months.
A bench of Justices J B Pardiwala and K V Viswanathan said the trial court and the CBI, the prosecuting agency in the case, owed an explanation.
The bench was informed that the alleged survivor had already stepped into the witness box and was in the midst of recording her testimony and the her further examination was kept on December 18 by the trial court.
"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 top court said.
By granting time for further examination, the bench said, the trial court had "unwittingly facilitated" the accused to tamper with the prosecution witnesses.
"This is something which we should not ignore as it is a matter of grave concern," it added.
The bench said even the CBI owed an explanation, more particularly the public prosecutor, in-charge of the trial.
"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," it said.
The top court was hearing a plea filed by the CBI challenging a September last year order of the Calcutta High Court granting bail to an accused in the case.
The bench asked the apex court registry to call for an appropriate report from the trial court regarding the status of trial, including how many witnesses were examined so far and when was the alleged victim examined the last.
"Let this report be called for so as to reach this court within a period of one week from today," the bench said on September 8.
Grating a week's time to the accused to file his counter affidavit, the bench posted the matter for September 22.
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