Patna High Court Criticizes “Ugly Haste” Of POCSO Court Which Conducted Entire Trial And Sentenced Accused In A Single Day, Orders Fresh Trial

Case: Raj Kumar Yadav vs. The State of Bihar Criminal

Coram: Justices AM Badar and Sandeep Kumar

Case No.: Appeal (DB) No. 196 of 2022

Court Observation: “the day of framing of the charge itself, police papers were supplied to the accused and the entire trial came to be concluded on the very same day… Because of flagrant violation of principles of natural justice and blatant disregard to the mandatory statutory provisions of the Code of Criminal Procedure, 1973, the impugned Judgement cannot be sustained. Rather the trial itself is vitiated. The manner in which the trial was commenced, conducted and concluded by the learned trial court clearly displays and demonstrates glaring abuse of prescribed procedure of conducting the criminal trial and, therefore, there is no alternative but to direct for De-novo trial of the accused from before the stage of framing of the charge as breach of mandatory provisions of law commenced before framing of the charge causing miscarriage of justice.”

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Keywords

Patna High Court Criticizes, POCSO Court, Orders Fresh Trial, Ugly Haste, Entire Trial