{"id":1972,"date":"2024-06-10T14:09:50","date_gmt":"2024-06-10T08:39:50","guid":{"rendered":"https:\/\/xpertslegal.com\/blog\/?p=1972"},"modified":"2024-06-10T14:09:50","modified_gmt":"2024-06-10T08:39:50","slug":"supreme-court-recommends-the-central-government-to-introduce-a-comprehensive-sentencing-policy-to-bring-consistency-to-the-criminal-justice-system","status":"publish","type":"post","link":"https:\/\/xpertslegal.com\/blog\/supreme-court-recommends-the-central-government-to-introduce-a-comprehensive-sentencing-policy-to-bring-consistency-to-the-criminal-justice-system\/","title":{"rendered":"Supreme Court recommends the Central Government to introduce a comprehensive sentencing policy to bring consistency to the criminal justice system."},"content":{"rendered":"

SUNITA DEVI\u00a0 \u00a0[<\/strong> APPELLANT(S)] Vs. <\/strong>THE STATE OF BIHAR & ANR.\u00a0 \u00a0[<\/strong>RESPONDENT(S)]<\/h1>\n

CRIMINAL APPEAL NO. 3924 OF 2023<\/p>\n

(2JB, M. M. SUNDRESH and S. V. N. BHATTI JJ., delivered by M. M. Sundresh, J<\/strong>.)<\/p>\n

 <\/p>\n

Facts:<\/u><\/strong> Criminal Appeal No.3924 of 2023 has been filed by the informant, against the order of remittal passed by the Division Bench of the Patna High Court directing the Trial Court to conduct a de novo trial, while making certain observations against the Special Judge, disapproving his approach in the conduct of the trial. Criminal Appeal Nos.3926-3927 of 2023 have been filed by the learned Special Judge who conducted the trial and thereafter delivered the judgment. Criminal Appeal No.3925 of 2023 has been filed by the very same learned Judge, aggrieved over the remarks once again made by the High Court in an order of remittal, requesting the Hon\u2019ble Chief Justice of the Patna High Court to consider whether the Judicial Officer should be assigned the function of holding sessions trial which have far reaching consequences, while sending him for fresh training to the State Judicial Academy.<\/p>\n

Issue:<\/u><\/strong> Whether the observation made against the appellant, is justified or not, especially when he has not been heard?<\/p>\n

Arguments on behalf of counsel for appellant:<\/u><\/strong><\/p>\n

Mr. Vikas Singh, learned senior counsel appearing for both the informant and the learned Trial Judge, submitted that the procedure established by law has been followed. The appellant has kept in mind the rigour of Section 309 of the CrPC, 1973 read with the provisions contained under the POCSO Act, 2012. Even assuming that there is a procedural flaw, in view of the mandate contained under Section 465 of the CrPC, 1973 there is no need for remittal. During the course of trial, the counsel for the respondent-accused has not raised any serious objection.<\/p>\n

Arguments on behalf of counsel for respondents:<\/u><\/strong><\/p>\n

Per contra, Mr. C. U. Singh, learned senior counsel appearing for the High Court and the accused submitted that admittedly there are serious procedural violations. Prejudice was sufficiently demonstrated before the court. It would be impossible for a Judge to deliver the judgment within such a short span of time. No opportunity was given at every stage of the 87 trial to the accused. It is a clear case of \u201cjustice hurried is justice buried\u201d. There is no question of giving an opportunity to the appellant, the judicial officer, as no action is pending against him. In any case, the accused is still under incarceration.<\/p>\n

Held:<\/u><\/strong> The court dismissed the present appeal and held that, \u201cOn the application filed seeking intervention over the action taken on the administrative side, it is for the appellant to approach the High Court. It is an administrative action taken and, therefore, the same does not require any interference on the judicial side by us, especially in light of the discussion made above. Suffice it is to state that liberty is given to the appellant to approach the High Court on the administrative side.\u201d<\/em><\/p>\n\n","protected":false},"excerpt":{"rendered":"

SUNITA DEVI\u00a0 \u00a0[ APPELLANT(S)] Vs. THE STATE OF BIHAR & ANR.\u00a0 \u00a0[RESPONDENT(S)] CRIMINAL APPEAL NO. 3924 OF 2023 (2JB, M. M. SUNDRESH and S. V. N. BHATTI JJ., delivered by M. M. Sundresh, J.)   Facts: Criminal Appeal No.3924 of 2023 has been filed by the informant, against the order of remittal passed by the […]<\/p>\n","protected":false},"author":1,"featured_media":1974,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[],"class_list":["post-1972","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-judgement"],"_links":{"self":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/1972","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/comments?post=1972"}],"version-history":[{"count":2,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/1972\/revisions"}],"predecessor-version":[{"id":1976,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/1972\/revisions\/1976"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/media\/1974"}],"wp:attachment":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/media?parent=1972"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/categories?post=1972"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/tags?post=1972"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}