Madras High CourtCRL OP/26049/2021dismissed

R.Sibiraj v. State Of Tamil Nadu

2023-07-18Honourable Mr Justice V.Sivagnanam3 pages

Crl.O.P.No. 26049 of 2021 T.V.THAMILSELVI, J.

This Court, by an order dated 18.07.2023 directed the Sessions Judge, Mahila Court, Coimbatore to complete the trial in S.C.No.143 of 2021 within a period of three months from the date of receipt of a copy of that order. Since the said case could not be disposed of within the time stipulated by this court, the court below by letter dated 22.02.2024 sought for extension of time. Hence, the matter is listed before this court today.

2. The Sessions Judge (Full Addl. Charge), Mahila Court/Addl. Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore submitted a letter dated 22.02.2024 that on receipt of copy of order of this court, charges were framed and trial was commenced. Due to job transfer of victim from Delhi to Bangalore, the prosecution sought for time to procure victim girl and also insisted recording of evidence in person, because the case relating to sexual offence, virtual mode of recording evidence is not desirable. So, uploading her representation, this court has granted time to 1/3

procure P.W.1 victim. However, P.W.1 already examined in full and mother of victim was also stepped into witness box, examined in full, for examination of victim's father, now the case was adjourned. So, inspite of hectic efforts taken by the court below, she unable to dispose the case within time. However, she has availed earned leave and after joining duty, the time to dispose the case was expired. Hence, she prayed to grant further time to dispose of the case.

3. Considering the request of the Sessions Judge (Full Addl. Charge), Mahila Court/Addl. Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore, this court is inclined to extend the time for the period of three months from the date of receipt of copy of this order to comply with the order of this court. However, time granted by this Court will not be extended after three months.

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T.V.THAMILSELVI, J.

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