Calcutta High Court (Appellete Side)
Anamika Bera vs Bablu Bhattacharya & Anr on 12 April, 2023
12.04. 2023
item No.40
n.b.
ct. no. 551 CRR 2565 of 2018
Anamika Bera
Vs.
Bablu Bhattacharya & Anr.
Mls. Nasreen Islam,
... for the petitioner.
Mr. Rajdeep Mazumder,
Mr. Pritam Roy,
Mr. Abhijit Singh,
... for the O.P.
Mr. B.K. Roy,
Ms. Sima Biswas
.....for the State.
The instant revisional application has been filed for
transfer of sessions trial being Sessions case no.15 of 2018 pending
before the learned District and Sessions Judge Kalingpong.
It is the submission of the learned advocate for the
petitioner that she is the victim of this case and she could not
appear before the learned Session Judge with a view that if she
appears there, she may be physically assault by the accused
persons as the accused persons are very infuntial in the locality. So
he prayed for transfer this sessions trial to the district of Paschim
Midnapore, where she resides.
Learned advocate appearing on behalf of the opposite
party raised strong objection and submitted before this Court that
the trial of the case has already been initiated and most of the
witnesses have been examined. The C.S. witnesses nos. 1,2 and 3
i.e. victim petitioner as well as her mother and father are yet to be
examined. The date has already been fixed for examination of the
accused under Section 313 of the Code of Criminal Procedure. So
at this juncture sessions trial cannot be transferred. He specifically
submitted that direction of the Hon'ble Supreme Court passed in
Criminal Appeal No.1184 of 2022 in the matter of xxxxx Vs. State
of Madha Pradesh & Ors. reported in 2022 Live Law(SC) 676
arising out of SLP(Cri) No. 1674 of 2022. He submitted that
Hon'ble Supreme Court has specifically made some guideline for
taking evidence of the victim of sexual offences. The guideline was
mentioned in paragraph 34 and 35 of the said judgment is quoted
below:
34. This Court, too, has had its role to play in ensuring
that justice does not remain inaccessible. In State of Maharashtra
Vs. Bandu @ Daulat, this Court directed that special centres be set
up in each state in order to facilitate depositions by vulnerable
witnesses, including victims of sexual offences. In Smruti Tukaram
Bandade Vs. State of Maharashtra, a two-judge bench of this Court
(of which one of us, Dr. DY Chandrachud, J. was a part)
supplemented the directions issued in Bandu @ Daulat(supra) with
respect to setting up such special centres.
35. It is the duty and responsibility of trial courts to deal
with the aggrieved persons before them in an appropriate manner,
by
a. Allowing proceedings to be conducted in camera, where
appropriate, either under Section 327 CrPC or when
the case otherwise involves the aggrieved person(or
other witness) testifying as to their experience of sexual
harassment/violence;
b. Allowing the installation of a screen to ensure that the
aggrieved woman does not have to see the accused
while testifying or in the alternative, directing the
accused to leave the room while the aggrieved woman's
testimony is being recorded;
c. Ensuring that the counsel for the accused conducts the
cross-examination of the aggrieved woman in a
respectful fashion and without asking inappropriate
questions, especially regarding the sexual history of the
aggrieved woman. Cross-examination may also be
conducted such that the counsel for the accused
submits her questions to the court, who then posses
them to the aggrieved woman;
d. Completing cross-examination in one sitting as far as
possible.
He further argued that the transfer of the case is not
necessary, necessary arrangement may be made for video
conference.
Learned advocate appearing for the petitioner consented to
the proposal of the learned advocate appearing for the opposite
party.
Thus, in my opinion, necessary direction may be given to
the learned District & Sessions Judge, Kalimpong as well as to the
learned District & Sessions Judge, Paschim Medinipur so that the
evidence of CS witness No.1 i.e. victim/petitioner. C.S.W. 2 and
C.S.W.3 may be taken through video conference by virtue of
guidelines passed by the Hon'ble Supreme Court in the above-
mentioned judgment.
Accordingly, the revisional application is disposed of with
a direction to the learned District & Sessions Judge, Kalimpong as
well as learned District & Sessions Judge, Paschim Medinipur to do
necessary arrangements so that examination-in-chief and cross of
the C.S. witness Nos.1, 2 and 3 of the Sessions Case No.15 of 2018
may be conducted through video conference. It is specifically
directed that the victim/C.S.W.1 shall appear on 2nd day of May,
2023, C.S. Witness No.2 on May 3, 2023 and C.S. Witness No.3 on
May 4, 2023 before the Learned District & Sessions Judge, Paschim
Medinipur by making an early application before the learned
District Judge concerns with a copy of this order so that the
witnesses may be examined on that dates and the examination of
the witnesses both chief and cross may be concluded on these fixed
dates.
Learned District & Sessions Judge, Kalimpong is further
directed to fix the date for conduct the examination of C.S. Witness
Nos.1, 2 and 3 and those dates through video conferencing.
Learned advocate appearing for the parties shall appear
before the learned District & Sessions Judge, Kalimpong for smooth
conduct of the examination of C.S witnesses. It appears that the
instant Sessions Trial is lingering for five years due to pendency of
the instant criminal revision.
Thus, learned District & Sessions Judge, Kalimpong is
further directed to conclude the trial of the witnesses within those
specific dates in case C.S. witnesses does not turn up, Learned
District & Sessions Judge, Kalimpong shall proceed with this
matter in accordance with law.
Let a copy of the order be served upon the District Judges
concern for their information and compliance.
All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
( Subhendu Samanta, J.)
