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Supreme Court of India 2024-05-17 dismissed

SUNITA DEVI vs THE STATE OF BIHAR & ANR

Bench: 2 — M. M. Sundresh, S. V. N. Bhatti

In Brief

In this criminal appeal concerning a rape case under POCSO Act and SC/ST Act, the Supreme Court dismissed the informant's and trial judge's appeals against the High Court's order setting aside conviction and ordering a de novo trial. The Court upheld the High Court's finding that the trial was vitiated by serious procedural violations: the accused was denied adequate time to consult his lawyer after receiving documents, charge-framing hearing was not meaningful, multiple witnesses were examined in a single day contrary to rules, and a lengthy reasoned judgment was delivered within 30 minutes. The Court emphasized that procedural compliance with CrPC and video conferencing rules is mandatory even in pursuing speedy trials. It directed the Government to develop a comprehensive sentencing policy within six months.

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Criminal Procedure Fair Trial Procedural Compliance Child Sexual Abuse POCSO Act Video Conferencing Rules Sentencing Policy Human Rights Constitutional Law Witness Protection Rape Evidence Judicial Conduct

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