RAIPUR: The Chhattisgarh High Court has directed the trial court to avoid unnecessary adjournments and strictly adhere to the mandate of day-to-day hearings under Section 309 of the Criminal Procedure Code (CrPC). This directive comes as the court expressed concern over the sluggish pace of proceedings in a heinous criminal case involving charges of sexual assault and criminal conspiracy.
Justice Arvind Kumar Verma, while hearing a petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, expressed concern that despite the seriousness of the charges, the trial barely moved forward over the past three years. Only two of the 29 listed witnesses were examined so far, even though the charge sheet was filed in March 2021 and charges were framed in October 2024.
The petitioner, represented by panel lawyer Smita Jha, pointed out that the accused couple consistently delayed the trial, which is reflected in the trial court’s own order sheets. The case involves offences under Sections 307 (attempt to murder), 454 (house-trespass), 354 (outraging modesty), 376 (rape), and several other serious provisions of the IPC, as well as Section 66(E) of the Information Technology Act.
The state counsel, Umakant Singh Chandel, raised no objection to the petitioner’s request for expeditious disposal and sought reasonable time for the conclusion of the trial.
Citing the mandatory provisions of Section 309 CrPC, which require trial proceedings to be continued from day to day and completed within two months in certain offences related to sexual assault, the court observed, “There is a clear delay in the trial despite the nature of the case and the time already elapsed.”
Accordingly, the High Court directed the trial court to make an “earnest endeavour” to conclude the trial within three months of receiving the order, excluding the summer vacation period from May 12 to June 6, 2025. The court also instructed that certified copies of the order be sent to the trial court without delay.
The petition was allowed to the limited extent of directing the speedy conclusion of the trial in accordance with the law and the time schedule laid down by the court.
Justice Arvind Kumar Verma, while hearing a petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, expressed concern that despite the seriousness of the charges, the trial barely moved forward over the past three years. Only two of the 29 listed witnesses were examined so far, even though the charge sheet was filed in March 2021 and charges were framed in October 2024.
The petitioner, represented by panel lawyer Smita Jha, pointed out that the accused couple consistently delayed the trial, which is reflected in the trial court’s own order sheets. The case involves offences under Sections 307 (attempt to murder), 454 (house-trespass), 354 (outraging modesty), 376 (rape), and several other serious provisions of the IPC, as well as Section 66(E) of the Information Technology Act.
The state counsel, Umakant Singh Chandel, raised no objection to the petitioner’s request for expeditious disposal and sought reasonable time for the conclusion of the trial.
Citing the mandatory provisions of Section 309 CrPC, which require trial proceedings to be continued from day to day and completed within two months in certain offences related to sexual assault, the court observed, “There is a clear delay in the trial despite the nature of the case and the time already elapsed.”
Accordingly, the High Court directed the trial court to make an “earnest endeavour” to conclude the trial within three months of receiving the order, excluding the summer vacation period from May 12 to June 6, 2025. The court also instructed that certified copies of the order be sent to the trial court without delay.
The petition was allowed to the limited extent of directing the speedy conclusion of the trial in accordance with the law and the time schedule laid down by the court.
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