Duty of trial court to ensure that trial is not prolonged: SC
New Delhi (PTI): The Supreme Court has expressed displeasure over the delay in examination of witnesses, and said it is the duty of the trial court to ensure that the trial is not prolonged as time lag creates problems in the testimony of witnesses.
A bench of Justices S K Kaul and M M Sundresh said the trial court must control the dilatory tactics of any of the parties.
The observations came while granting bail to an man who was accused of facilitating the escape of persons who murdered the Mayor of Chittor district in Andhra Pradesh.
The top court noted that the man is in jail since the last seven years and prosecution witnesses are yet to be examined.
We are troubled by the fact that seven years after the incident the prosecution witnesses have not been examined and the trial is yet to commence. This is completely unacceptable. Time lag creates its own problems in the testimony of witnesses more so the eyewitnesses.
It is the duty of the prosecution to ensure that the prosecution witnesses are available and it is the duty of the trial court to ensure that none of the parties is permitted to protract the trial, the bench said.
The apex court directed the trial court to ensure that post trial, the judgment of the trial court is available within a period of one year from the date of the communication of this order.
We are, however, inclined to grant bail to the appellant considering the role ascribed to the appellant in the charge sheet and the total period spent in custody. Ordered accordingly.
This is subject to such conditions that the trial court may impose. We in addition make it clear that the appellant would be required to be present personally before the trial court on all dates and would facilitate in the trial. If the trial court finds that the appellant is endeavouring to delay the trial, or thereafter temper with the evidence, we authorise the trial court to cancel the bail, the bench said.
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Karnataka: SP’s gunman among two arrested for extorting money from rice smuggler
Ballari (Karnataka) (PTI): An armed police constable serving as the district superintendent of police’s personal gunman, along with his accomplice, was arrested for allegedly extorting money from a rice smuggler, police said on Friday.
Devaraj, who had been serving as the SP’s gunman for the past four and a half years, was identified as the mastermind behind the incident.
Following an investigation, Devaraj and his accomplice Sairam were arrested on May 6, while efforts are underway to nab a third accused, Gadilinga, a practising advocate in Ballari, who is absconding, police said.
The matter came to light after a complaint was filed by Sharabappa, a habitual offender allegedly involved in illegal rice transport, they added.
According to police, the incident occurred on the intervening night of April 27 and 28, when a group of masked men intercepted Sharabappa’s rice-laden vehicles near the Moka forest area.
The accused allegedly introduced themselves as members of an “SP squad”, threatened to seize the vehicles and file criminal cases, and demanded money to avoid legal action.
Police said the accused initially demanded Rs 5 lakh and later extorted around Rs 3 lakh from the complainant.
Investigation revealed that Devaraj was the main person involved in demanding and collecting the money, while Sairam and Gadilinga were also involved in the offence. Sairam was allegedly involved in similar activities earlier as well.
Devaraj and Sairam were arrested under Sections 308(2) (extortion) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita.
Police also seized the extorted cash, the four-wheeler, and mobile phones allegedly used in the crime. Efforts are underway to trace Gadilinga.
Addressing a press conference, Ballari Superintendent of Police Suman D Pennekar described the incident as a serious offence that has tarnished the image of the police department.
"There is no official ‘SP squad’ or ‘DSP squad’ operating in the district. Such labels are often misused by impostors or corrupt individuals to commit extortion," the SP clarified.
She said no involvement of other police officers has been found so far.
Departmental proceedings have been initiated against Devaraj, and suspension proceedings are underway. The SP added that strict action will be taken against anyone involved in such offences.
Police said Sharabappa, the complainant, is a known habitual offender involved in illegal rice smuggling, and several cases have already been registered against him in the Moka and Peddihalli areas. A separate case has also been registered against him in connection with rice smuggling on the night of the incident.
Authorities are also exploring the possibility of initiating externment proceedings against him under applicable legal provisions.
The SP urged the public to report any extortion attempts by persons claiming to be part of an “SP squad”, assuring that the identity of informants will be kept confidential.
