Praveen Kumar v. State

$~19.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3625/2016 PRAVEEN KUMAR ..... Petitioner Through:

Mr. Gaurav Gaur, Advocate versus STATE ..... Respondent Through:

Mr. Sanjay Lao, ASC with SI Surender, PS Hari Nagar

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 20.12.2016 Crl.M.A. No. 19796/2016 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 3625/2016 Issue notice. Notice is accepted on behalf of the State. The only prayer sought by the petitioner in the present petition is to seek a direction to the Trial Court to expeditiously conclude the evidence of the child victim and the other prosecution witnesses in the case titled State v. Praveen Kumar in case FIR 281/2016 under Section 377 IPC and Section 6 of POCSO Act registered at PS Hari Nagar. The petitioner/ accused is in judicial custody in

the said case.

The grievance of the petitioner is that on 19.11.2016, though the child victim was present but could not be examined on account of paucity of time. Due to heavy pendency of cases, the matter now stands adjourned to 18.05.2017. Since the non recording of the evidence of the child and the other independent witnesses is coming up in the way of his obtaining bail, the petitioner is seeking recording of the evidence of them at an early date. There could be no objection to this prayer being allowed. It appears that the workload of the Trial Court is heavy on account of which the statement of the child could not be recorded on 19.11.2016 and a long date was given on the said date. However, considering the circumstances, the Trial Court is directed to accommodate the present matter so that the evidence of the child and the independent witnesses is recorded preferably in the next three months.

List the matter before the Trial Court for directions along with the present order on 09.01.2017. Dasti.

VIPIN SANGHI, J DECEMBER 20, 2016 sr