A bench headed by Chief Justice of India (CJI) P Sathasivam ordered the Birbhum district judge to submit a detailed report about action taken by police in the West Bengal village ‘kangaroo court’-ordered gang rape case.
The Supreme Court has appointed additional solicitor general Sidharth Luthra to assist it in the matter, in which the court took suo motu cognicance last week [order].
The bench, which also included justices Ranjan Gogoi and MY Eqbal said in its order, which has just been published:
Pursuant to our direction dated 24th January, 2014 the District Judge, Birbhum District, West Bengal, alongwith Chief Judicial Magistrate and Team of Persons inspected the place in question and submitted a report to this Court. In the report, we do not find any information about the steps taken by the Police against the persons concerned. Accordingly, we direct the Registrar of this Court to forward a copy of the Report of the District Judge, Birbhum, West Bengal, to the Chief Secretary, West Bengal and who in turn submit a detailed report and the follow up action by the Police concerned to this Court within a period of two weeks.
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The effort by the Supreme Court is laudable. But just as an academic caveat, coming to think of it, in almost all districts of India, the District Judge is also the Sessions Judge.
Rape as an offence is a Sessions triable offence. Therefore, there is a possibility that the case may be tried by the District and Sessions Judge.
The matter in any case would definitely go first to the Chief Judicial Magistrate initially on the judicial/administrative side.
Even on a complaint case, the powers of a Magistrate are restricted by section 202.
The 'report' prepared by these judges, in pursuance of the orders of the Hon'ble Supreme Court, may 'influence' the final outcome of the trial.
A report in favour of the victim would be damning to the accused, and vice versa.
Not sure if that was the intent or the procedure envisaged by the law-makers while framing the CrPC.
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