Over 11 years in jail as undertrial, claims accused, court seeks report
The accused's lawyer, Siddharth Jagushte, said the prosecution has cited 28 witnesses in the chargesheet but so far only two witnesses including one partly heard witness have deposed.
The high court has sought a report from the trial court on the delay.
THE BOMBAY High Court has sought a report on why a man facing charges of sexual assault has spent more than 11 years in jail as an undertrial without completion of the trial.
“Considering the submission of learned counsel for the applicant, call a report from the concerned judge as to why the trial is not concluded though the applicant is behind bars for more than 11 years and 6 months,” Justice Shivkumar Dige said in an order on January 16, while hearing the accused’s bail application. The court on January 27 also directed the complainant to file a reply.
The accused’s lawyer, Siddharth Jagushte, said the prosecution has cited 28 witnesses in the chargesheet but so far only two witnesses including one partly heard witness have deposed.
“…the fundamental rights of the applicant under Article 21 of the Constitution of India are being violated by being kept in pre-trial detention for an extended period of time, now 11 years and 4 months, without the trial progressing wherein the prosecution has listed a total of 28 witnesses (only 1.5 examined) to be examined which will take a considerable amount of time,” the petition said.
The case relates to an FIR filed in Pune in 2014 under sections of Protection of Children from Sexual Offences Act for allegedly sexually assaulting a minor. His bail application was previously rejected by the sessions court in Pune, but no appeal has been filed in the high court so far.
In February 2014, the minor victim was taken to a public hospital in Pune and the authorities approached the police after it was disclosed that she was pregnant.
In March 2014, a baby was born to the victim but passed away the next day. Based on the victim’s statement, a complaint was filed against a person, who she had claimed was the child’s father. The petition said that at that time, however, the DNA of the child was not taken to confirm who the father was. The victim was sent to a women’s shelter after being discharged and the accused was arrested after she named him in a subsequent statement four months later and he has been in Yerwada jail since then, the petition said. The accused was booked under charges including the rape of the Indian Penal Code and relevant sections of the Protection of Children from Sexual Offences Act.
The high court has sought a report from the trial court on the delay.
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