New Delhi: The Supreme Court has issued significant directions to the Patna High Court regarding the expeditious hearing of a rape convict’s appeal, addressing concerns over judicial delays caused by multiple bench recusals.
SC Orders Speedy Appeal Hearing in Rape Case After Multiple Patna HC Bench Recusals
A Division Bench of Justice Dipankar Datta and Justice Prashant Kumar Mishra addressed the matter concerning an appeal against conviction under Section 376 of the Indian Penal Code and sections of the POCSO Act.
Supreme Court Intervenes to Address Delays in High-Profile Rape Conviction Appeal
The Court noted that the criminal appeal, though admitted in May 2019, faced unusual circumstances where four different Division Benches of the Patna High Court recused from hearing it over the past 18 months – specifically on August 19, 2023, July 22, 2024, August 28, 2024, and September 24, 2024.
Senior Advocate Rana Mukherjee, appearing for the petitioner, highlighted the legislative intent under Section 374(4) of the Criminal Procedure Code, which mandates disposal of such appeals within six months. He argued that this intention had been frustrated due to the repeated recusals.
The Court, considering the circumstances, directed the Chief Justice of the Patna High Court to constitute an appropriate bench that can decide the criminal appeal, emphasizing the need to give effect to the legislative intention expressed in Section 374(4) of the CrPC.
The Supreme Court noted, “Having regard to the facts and circumstances, we see no reason to put the respondent on notice.”
The Court granted liberty to the petitioner to approach the Chief Justice of the High Court immediately with a copy of the order. It also directed that once an appropriate Division Bench is constituted, the petitioner should cooperate for expeditious disposal without seeking unnecessary adjournments.
Mr. Rajesh Kumar Singh and Mr. Sukant Vikram, AOR, also appeared for the petitioner.
Case title: Rajballabh Prasad @ Rajballabh Yadav v. State of Bihar
