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“SPEEDY TRIAL TO RAPE VICTIM – AN INDIAN PERSPECTIVE.”

Prashant Rahangdale,
Assistant Professor,
Amity law School, AUC

Abstract:- Rape is considered as most heinous crime against woman under Indian Criminal Law. Rape
not only defiles the physical health of the victim but also ruin her inner soul. No ointment would be
able to provide a relief to victim, as there is no medicine for mental distress. On the other hand, a
quick and fair justice to victim of rape can do the little needful. However, it is found that cases of
prolonged trial are very common in India and it works as catalyst to increase mental trauma of victim.
Nevertheless, Right to Speedy Trial is a fundamental right of a victim which is enshrined under Article
- 21 of Indian Constitution. Also there are various legislations in this regard which asserts speedy and
fair justice to victim of rape. But, problem lies in the implementation of these Law and lots of efforts
should be made to make trial process more effective so that justice to victim should not be delayed.
Key Words: Rape, Speedy trial, Victim, Fundamental right, Human rights.

Introduction toward total I.P.C crimes has increased during

Crime is a social evil of civilized society. When a
crime is committed it not only affects an
individual but also affect society at large.
Therefore, it is often called as stigma on elegant
society. Crime in ordinary sense means an
unlawful act of a person or group of a person
which is punishable by State. Therefore, it is a
foremost duty a Law enforcement body to
protect an individual from evil consequences of
crime.
Moreover, it is pertinent to note that crime
mainly committed against weaker section of
society like poor, dalit, women and children.
Nevertheless, in India the problem of gender
based violence is getting shoddier in which
violence against women is very commonly seen.
There is a wide categorization of offence which
is committed against women. Female
infanticides & sex selective abortion, Rape,
dowry, domestic violence, trafficking of girls for
illicit purpose, acid attacks etc. are some in
frequent range. Some statics contemplate that
crime against women during the Year 2013 has
increased by 26.7% over the Year 2012 and by
51.9% over the Year 2009. The I.P.C component
of crime against women has accounted for
95.6% of total crime committed against women
last 5years from 9.2% in the Year 2013. 1
According to National Crime Records Bureau‟s
(NCRB) which tracked criminal activities over
the last few years, the country reported one
crime against women every three minutes; one
molestation every 15 minutes; one rape every 29
minutes, one dowry death every 77 minutes,
and one sexual harassment case every 53
minutes. Among the crimes listed by the NCRB,
rape, molestation, sexual harassment, and
dowry deaths were reported more frequently. 2
However, offence of sexual assault, especially
rape is most heinous and pathetic crime against
women. Moreover, offence of rape is not of a
recent development, but it exists in society since
long era. Further, the implication of rape is
more inconsiderate than the other offence of
sexual assault. In this regard Justice Arijit
Pasayat opines that, “While a murderer destroys
the physical frame of a victim, a rapist degrades
1
http://ncrb.nic.in/CD-CII2013/Chapters/5-
Crime%20against%20Women.pdf
2
Yadav Mukesh, ‘Crime against Women: Recent Judicial
Trends’, http://medind.nic.in/jal/t06/i3/jalt06i3pviii.pdf

18
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Volume-5, Issue-2, January- 2016
and defiles the soul of a helpless female.” 3
Besides this the viewpoint of society against the
rape victim is also adverse. Instead of ensuring
cooperation to the rape victim, society treats her
like a stigma. These all affects a lot to the
physical and mental health of rape victim.
However, a memory from Nirbhaya‟s case is still
in our minds, wherein a medical intern was
brutally gang raped in bus at Delhi. After few
months only same incident was happened in
Mumbai, which is popularly known as Indu
Mill‟s case. Nevertheless these are the
highlighted case that‟s why we still remember
them, but there are many other unreported rape
cases which are committed every day in the
various rural and urban stratum of India. Out
of those cases some are highlights by media or
many are dragged behind the four walls of
society.
An increasing trend in the incidence of rape has
been observed during the periods 2009 - 2013.
These cases have reported an increase of 3.6%
in 2010 over 2009 and an increase of 9.2% in
the year 2011 over the year 2010, an increase of
3.0% in the year 2012 over 2011 and further an
increase of 35.2% in the year 2013 over 2012.
12.9% of rape cases were reported in Madhya
Pradesh (4,335 out of 33,707 cases) followed by
9.8% in Rajasthan (3,285 cases), 9.1% in
Maharashtra (3,063 cases) and 9.1% in Uttar
Pradesh (3,050 cases). Delhi UT has reported
the highest crime rate of 18.6 as compared to
national average of 5.7. 4
Nevertheless, Prolonged Trial also increased the
mental trauma of Rape victim. In word of
William Goldstone that „Justice delayed Justice
denied‟, which means that if legal redress is
available for a party that has suffered some
injury, but is not forthcoming in a timely
3 nied
Kalra Kush, ‘Sexual Harassment of Women at
Workplace’, November 25th, 2015, available at
http://modelgovernance.com/sexual-harassment-of-
women-at-workplace/, visited on 13th, February, 2015
4
http://ncrb.nic.in/CD-CII2013/Chapters/5-
Crime%20against%20Women.pdf
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fashion, it is effectively the same as having no
redress at all.5 This legal principle emerged from
Right to Speedy Trial. The main endeavor of
Right to Speedy trial is to provide free, fair and
prompt justice to the sufferer of a crime. Also it
is a right of human being to live his life with
dignity, as he took birth in a civilized society.
Therefore, speedy and fair trial should be
ensured to rape victim, as she has suffered a lot
due to commission of crime.
II. Purview of definition of Victim:
Victim in normal parlance means - a person
against whom crime is committed or a person,
who is harmed, injured or killed as a result of a
crime, accident, or other event or action. The
harm may be either physical or mental or
monetary loss.
According to dictionary meaning a “victim”
is6……
1. A person who suffers from a destructive or
injurious action or agency: a victim of an
automobile accident.
2. A person who is deceived or cheated, as by
his or her own emotions or ignorance, by the
dishonesty of others, or by some impersonal
agency: a victim of misplaced confidence; the
victim of a swindler; a victim of an optical
illusion.
3. A person or animal sacrificed or regarded as
sacrificed: war victims.
4. A living creature sacrificed in religious rites.
The idea of „Victim‟ through international
convention is also wide in its amplitude and in
this regard United Nation General Assembly
5
http://en.wikipedia.org/wiki/Justice_delayed_is_justice_de
6
Shah Akash, ‘Victims, victimization and victimology
,’October, 17 , 2012
http://www.legalservicesindia.com/article/article/victims-
victimization-and-victimology-1349-1.html, Last visited
on 15th, February, 2015
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Volume-5, Issue-2, January- 2016
Declaration may be quoted. 7 According to it
“Victims” means persons who, individually or
collectively, have suffered harm, including
physical or mental injury, emotional suffering,
economic loss or substantial impairment of
their fundamental rights, through acts or
omissions that are in violation of criminal laws
operative within Member States, including those
laws proscribing criminal abuse of power.
However, definition of “Victim” under Section
– 2 (wa)8 of Code of Criminal Procedure, 1973
states that victim - means a person who has
suffered any loss or injury caused by reason of
the act or omission for which the accused
person has been charged and the expression
“victim” includes his or her guardian or legal
there.
This means the scope of definition of victim is
very wide under Code of Criminal Procedure,
19739 and it not only embraces the sufferer or
injured person but also include the family
member and legal heirs of victim. The reason for
making this definition wide because, when a
crime is committed by an offender, then it not
only affects the immediate victim but also to the
family members of victim. The mental agony
suffered by family members is same as that of
victim. Therefore, by giving such a wide scope to
the definition, our Criminal Justice System has
tried to secure the rights of victim.
III. Victim of Rape:-
Sexual harassment and Rape are two sides of
the same coin. Both showcase the power of men
in the society and clearly shows how women are
dominated in the society where the constitution
guarantees women right of equal status with the
men. Both have targeted one victim and that is
only and only ―womenfolk. Both are barbaric
7
Articles 1 &2, United Nations general assembly
declaration of basic principles of justice for victim and
abuse of power adopted in November 1985.
8 Misc. No. M-31938 of 2011
Ins. By Act 5 of 2009, sec.2(w.e.f. 31-12-2009)
9 12
Ratanlal &Dhirajlal,The Code of Criminal Procedure,
20th, 2011, Lexis Nexis, Buterworths Wadhwa, Nagpur
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and heinous in nature or it is not an
exaggeration to say that even heinous is an
understatement to such an offence. 10
The consequence of any type of crime may be
either terrifying or distressful. Nevertheless
offence of Rape is such an upsetting crime, that
its effects can be remaining in the mind of
victim for a long time. Therefore, it is often
narrated as “beginning of a nightmare”. This is
because, the offence of rape may lead victim to
mental distress, public fear and depression
which further may also provoke her to commit
suicide. Rape is serious violation of
fundamental right to life of the victim contained
in Article 21 of the Constitution and is a crime
against basic human right11.
Defining the pathetic condition of woman in
India Justice S. Ahmad observed that
“unfortunately, a woman in our country,
belongs to a class or group of society who are in
a disadvantaged position on account of several
social barriers and impediments and have
therefore, been victims of tyranny at the hands
of men with whom they, unfortunately, under
the Constitution “enjoy, equal status”. “Women
also have the right to life and liberty; they also
have the right to be respected and treated as
equal citizens. Their honor and dignity cannot
be touched or violated. They also have the right
to lead an honorable and peaceful life”.12
Under English Law, Rape is defined more
predominately, where it envelop all the features
of Rape. The Sexual Offences Act 2003,
redefined Rape from non-consensual vaginal or
anal intercourse, and is now defined as non-
consensual penile penetration of the vagina,
anus or mouth of another person. Further, the
10
Ratanlal &Dhirajlal, The Indian Penal Code. Lexis Nexis
Butterworths Wadwa. India; Thirtieth edition reprint
2009,p.678-679
11
Harjinder Kaur vs State Of Punjab And Others, Crl.
Bodhisattwa Gautam V/s. Shubra Chakraborty,( A.I.R.
1996 Supreme Court 922)
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Volume-5, Issue-2, January- 2016
offence of rape is punishable with a maximum
sentence of life imprisonment. The Act also
added a new sexual crime, called “assault by
penetration”, which also has the identical
punishment as rape, and is committed when
someone sexually penetrates the anus or vagina
with a part of his or her body, or with an object,
without that person‟s consent.
However, before Criminal Law Amendment Act,
2013, the definition of Rape only included non-
consensual vaginal intercourse but the
Amendment Section – 375 of Indian Penal Code,
1860 has gone a significant change and now
definition of Rape also include non-consensual
penile penetration of the vagina, anus or mouth
of another person.
Alike every other country, Rape laws are very
adequately framed in India, but it is very
throbbing to say that justice to rape victim is
hardly accomplished. Dr. Kiran Bedi, Retd.
Joint Commissioner, Special Branch has
observed that “The law of rape is not just a few
sentences. It is a whole book, which has clearly
demarcated chapters and cannot be read
selectively. We cannot read the preamble and
suddenly reach the last chapter and claim to
have understood and applied it.”13
However, the purpose of Criminal Justice
System is to provide quick justice to the victim
but due to prolonged trial process, sometimes
victim feel better to refrain themselves from
Court processes. The delay in disposal of Rape
cases are very common in India, therefore,
victim has to undergo lot of mental stress.
Looking upon the gravity of offence, Law has
also mandated that, trial of rape victim should
be completed as expeditiously as possible.
Nevertheless position has not yet changed and it
stills the same.
13
Sweta Leena Panda, ‘Rape Laws in India’, December 21,
2012, available
http://swetaleenap.blogspot.in/2012/12/rape-laws-in-india-
rape-is-stigma-which.html (Last visited on 6th February,
2015)
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IV. Right to speedy trial of Rape victim:
Right to Speedy Justice is an essence of
Criminal Justice System of which Right to
Speedy trial is specie. The paramount purpose
of speedy trial is to safeguard the innocents
from undue punishments but prolonged
pendency has created an uncountable barrier in
that path. Huge number of cases is pending for
years together, which create mental and
economic pressure on litigants.14
Moreover, Fundamental rights enshrined under
Constitution are not mere words but they are
meant to enforce effectively and proficiently. In
various landmark judgments, Supreme Court of
India has asserted that if there is an excess
adjournment or delay, Court has a right to
quash the case or the proceedings to meet ends
of justice. In the case Katar Singh v. State of
Punjab15 it was declared that Right to Speedy
Trial is an essential part of fundamental right to
life and liberty. In the case Abdul Rahman
Antulay v. R.S. Nayak16, the bench declared
certain aspects and guidelines regarding the
Speedy Trial and quashing of cases should
depend upon nature of the case. Therefore,
Right to speedy trial is a basic right of the victim
and it not only covered in investigation, inquiry,
trial but also in appeal, revision and retrial
process.
However, trial of rape cases should be dealt with
extra sensitivity and foremost care should be
taken to provide quick justice to victim. This is
because of the fact that, the victim has already
departed with grave physical and mental
trauma and if she undergone to prolonged trial
processes, then the purpose of Law shall be
14
Siddhant Saxena & Vatsal Varma, ‘Trial, time and
judgment: the outlook of Indian judicial system’,
International journal of research and analysis , Volume 1
issue 3,2014, available at
http://www.ijra.in/uploads/41649.9756835417fullpaper_Si
ddhant%20Saxena%20&%20Vatsal%20Varma.pdf
at 15
(1994) 3 SCC 569
16
AIR 1988 SC 1531
21
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Volume-5, Issue-2, January- 2016
perturbed. In Delhi Domestic Working Women‟s
Forum v Union of India & others17 Supreme
Court observed that:
“Speedy trial is one of the essential requisites of
law”, the Court asserted. In rape cases, the
course of justice cannot be frustrated by
prolonged investigations. They said that it is
important that „investigations and trials‟ should
be carried out expeditiously, „otherwise the
guarantee of‟ equal protection of law under
Article 14 and the guarantee of life and personal
security under Article 21 of the Constitution are
meaningless.
Noting the seriousness‟ of the crime, the
Supreme Court said that rape shakes the very
foundations of victim‟s lives. For many, its
effects are long-term and so sustained that they
face difficulty in having personal relationships;
their behavior and values are altered; and they
suffer from constant fear and anxiety.
In addition to the trauma of rape itself, victims
have to suffer further agony during legal
proceedings as complaints are handled roughly
and not given the attention that they deserve.
Victims are more often than not humiliated by
the police and the experience of giving evidence
in Court is so distressing, that it puts severe
psychological stress on them because of which
many of them feel re-victimized after reporting
the crime.”
Therefore, looking upon the solemnity of offence
it becomes the foremost duty of Court to try
rape cases as quick as possible. Also the
prosecution is duty bound to help the Court in
fast disposal of sexual offences. This is only a
way through which justice could be imparted to
victim of rape.
V. Right to Speedy Trial under Indian
Legislations:
Right to speedy trial is not just a guideline but it
is also backed by strong legislations. This right
is deeply rooted under Part – III of Indian
Constitution, which comes under the category
17
1995 SCC 14
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of Fundamental rights. In Vakil Prasad Singh
vs. State of Bihar18, it was settled by Supreme
Court that “the right to speedy trial in all
criminal persecutions (sic prosecutions) is an
inalienable right under Article 21 of the
Constitution. This right is applicable not only to
the actual proceedings in Court but also
includes within its sweep the preceding police
investigations as well. The right to speedy trial
extends equally to all criminal prosecutions and
is not confined to any particular category of
cases. In every case, where the right to speedy
trial is alleged to have been infringed, the Court
has to perform the balancing act upon taking
into consideration all the attendant
circumstances, enumerated above and
determine in each case whether the right to
speedy trial has been denied in a given case."
Further, Section – 309 of Code of Criminal
Procedure, 1973, has directed the Court to
continue the trial process on day to day basis.
Moreover, the provision stipulates that trial of
rape cases shall be completed within two
months.
Although, the words used under the provision of
Section -309 of Cr.P.C are of mandatory in
nature and they are meant to be followed by
Courts. Nevertheless, the delay in disposal of
rape cases are not only caused in trial process
but also caused due to delay in registering case,
filing of charge sheet and recording of evidence.
Consequently, Right of speedy trial not only
covered in trial stages but also cover inquiry
and investigation stages. In this connection,
Justice P. Sathasivam (Rtd. Chief justice of
India) is of opinion that "filing of charge sheet in
rape cases and crimes against women must be
prompt and trial must take place on a day-to-
day basis. Adjournments in the trial
proceedings must not be granted as a rule,
except in exceptional circumstances,"19
18
(2009)3 Supreme Court Cases 355 [ 2009(1) JLJR
(SC)277]
19
Dhananjay Mahapatra,’ Speedy trial a must in rape cases:
Justice Sathasivam,’ Times of India, December, 25,
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Volume-5, Issue-2, January- 2016
Moreover, Committee on Reforms of Criminal
Justice System under the Chairmanship of
Justice V.S Malimatt in para 9.12.1 also said
that “Delay is a denial of justice. The Courts
must realize that it is their responsibility to take
the initiative to eliminate delay. Delay is not
inevitable and can be curtailed by adopting
imaginative Court management techniques.
Unfortunately little attention has been paid to
this”20.
Prof. Madhava Menon Committee on Criminal
Justice System in para 5.12 has also contended
that “Criminal Courts have the obligation to
render speedy justice. For this, they have to
speed up the processes through more effective
management of dockets and proceedings. Day to
day trial has also to be restored. Government
should provide better resources and
infrastructure to criminal courts to help them
speed up trial procedures. Use of technology
should be able to achieve the objects less
expensively”21.
VI. Guidelines of National Commission on
Human Rights for speedy disposal of child
rape cases22:
National Commission on Human Rights is an
apex body made to govern the human rights of
individual. Looking upon the delay in disposal
of Rape cases and to provide fastest justice to
rape victims, Commission it has framed some
guidelines, which are to be followed by Police
2012,http://timesofindia.indiatimes.com/india/Speedy-
trial-a-must-in-rape-cases-Justice
Sathasivam/articleshow/17749140.cms (last visited on 25th
January, 2015)
20
http://www.mha.nic.in/hindi/sites/upload_files/mhahindi/fi
les/pdf/criminal_justice_system.pdf
21
http://mha.nic.in/hindi/sites/upload_files/mhahindi/files/pd
f/DraftPolicyPaperAug.pdf
22
http://nhrc.nic.in/Documents/AR/NHRC-AR-ENG07-
08.pdf
23
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machineries and Courts, while dealing trial of
child rape cases.
(i) The complaint relating to child rape cases
shall be recorded promptly as well as
accurately. The complaint can be filed by the
victim or an eyewitness or anyone, including a
representative of non-governmental
organization, who has received information of
the commission of the offence. The case should
be taken as follows:
a) Officer not below the rank of SI and
preferably lady police officer.
b) Recording should be verbatim
c) Person recording to be in civil dress
d) Recording should not be insisted in police
station, it can be at the residence of the victim.
(ii)If the complainant is the child victim, then it
is of vital importance that the reporting officer
must ensure that the child victim is made
comfortable before proceeding to record the
complaint. This would help in ensuring
accurate narration of the incident covering all
relevant aspects of the case. If feasible,
assistance of psychiatrist should be taken;
(iii) The Investigating Officer shall ensure that
medical examination of the victim of sexual
assault and the accused is done preferably
within 24 hours in accordance with Cr. PC Sec.
164 A. Instruction be issued that the Chief
Medical Officer ensures the examination of
victim immediately on receiving request from
I.O. The gynecologist, while examining the
victim should ensure recording the history of
incident;
(iv) Immediately after the registration of the
case, the investigation team shall visit the scene
of crime to secure whatever incriminating
evidence is available there. If there are tell-tale
signs of resistance by the victim or use of force
by the accused those should be photographed;
(v) The Investigation Officer shall secure the
clothes of the victim as well as the clothes of the
accused, if arrested, and send them within 10
days for forensic analysis to find out whether
there are traces of semen and also obtain report
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Volume-5, Issue-2, January- 2016
about the matching of blood group and if
possible DNA profiling;
(vi) The forensic lab should analyze the
evidences on priority basis and send report
within couple of months;
(vii) The investigation of the case shall be taken
up by an officer not below the rank of S.I. on
priority basis and, as far as possible;
investigation shall invariably be completed
within 90 days of registration of the case.
Periodical supervision should be done by senior
officers to ensure proper and prompt
investigation;
(viii) Wherever desirable, the statement of the
victims u/s 164 Cr. PC shall be recorded
expeditiously;
(ix) Identity of the victim and the family shall be
kept secret and they must be ensured of
protection. IOs / NGOs to exercise more
caution of the issue.
Guidelines for Trial Court:
i) Fast Track courts preferably presided over by
a lady judge and trial to be held in camera;
ii) Atmosphere in the court should be child
friendly;
iii) If possible, the recordings be done in video
conferencing / in conducive manner so that
victim is not subjected to close proximity of
accused;
iv) Magistrate should commit case to Session
within 15 days after the filing of the charge
sheet.
VII. Causes of Prolonged Trial:-
The inordinate delay in disposal of Rape cases
in India has become a stigma for administration
of Criminal justice system. The excessive delay
not only occurs in investigation process but also
in the hands of prosecution. For this reason the
very purpose of Penal Laws; to provide justice to
Victim of rape, is not served and due to which
accused of rape roam fearlessly. As per the data
available till 17th December, 2014, the number
of Rape cases pending in different High Courts
in India is over Thirty one thousand (31,000).
However, the conviction rate in these cases,
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have came down from 27% to 22% between
2011 and 2013.23
To inspect the delay in disposal of rape cases, it
is very much necessary for us to approach the
root causes of prolonged trial process, then and
only then we would be able to trace out the
exact reason for delay. However, some major
causes of delay are enumerated below:
The reason for delay at investigation stage-
1. The Police Manuals have suggested the police
official to have speedy and prompt investigation,
but still it is found inaction and lethargy on the
part of police to register FIRs and to start the
investigation earnestly.
2. Sometime it is found that Police machinery is
politically influenced or pressurized by
prominent persons and hence they have
cowardly attitude towards such persons if they
are accused of a crime.
3. Moreover, due lack of check and balance
mechanism in police functioning, the cases of
non registration of FIR and pace of investigation
are not inspected properly.
4. Police in India are not well equipped with
fastest and easiest medium of investigation
instruments like video conferencing, cyber cell,
forensic labs etc. due to which investigation
process suffers a lot.
5. Corruption at Police Station level is affecting
the timely and qualitative investigation.
Further, due to lack of staff in Police Stations
delay in investigation occurs.
6. Involvement of Police official in the protection
and securities of V.I.P‟s and V.V.I.P‟s also keep
them away from investigation of Cases.
7. Due to lack of motivation to act without fear
or favor in police personnel delay occurs.
Delay in Trial Courts:
1. Excessive adjournment in Trail Courts is a
big reason for causes for delay in trial Courts.
23
Times of India, ‘Over 31,000 rape cases pending in High
Courts’, December 17, 2014,
http://timesofindia.indiatimes.com/india/Over-31000-rape-
cases-pending-in-high courts/articleshow/45542590.cms
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Volume-5, Issue-2, January- 2016
2. Secondly, Trial Courts are heavily burdened
with the cases because of which delay in
disposal of cases occurs.
3. The Judge – population ratio in India is very
low and because of inadequacy in number of
Judges in Courts led to prolonged trials.
4. Further, by research it has been found that,
Indians have more tendencies to file cases
because of rate of institution of cases increases
and rate of disposal decreases.
5. Sometimes poor infrastructure of Courts and
lack of use to new technologies like Computers,
internet, video conferencing becomes
responsible agent in delay.
6. Insufficient number of Courts and judicial
staff causes delay.
7. High Courts sometime do not call for records
from Trial Court for extraordinary delays in
special cases.
VIII. Supreme guidelines on Speedy disposal
of cases:
In this regard, it becomes very much important
to point out the verdicts given by Supreme
Court of India in relation to speedy disposal of
cases. Supreme Court has time to time
emphasized on right of Victim of rape to get
speedy justice. However, in major cases Hon‟ble
Apex Court has provided guidelines to
investigation agencies and Trial Courts to take
efficient measures to resolve the Rape related
cases speedily. In Delhi Domestic Working
Women‟s Forum v Union of India & others24
Supreme Court observed that:
“Speedy trial is one of the essential requisites of
law”, the Court asserted. In rape cases, the
course of justice cannot be frustrated by
prolonged investigations. They said that it is
important that „investigations and trials‟ should
be carried out expeditiously, „otherwise the
guarantee of‟ equal protection of law under
Article 14 and the guarantee of life and personal
security under Article 21 of the Constitution are
meaningless.
24
1995 SCC 14
25
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Moreover, Right of Speedy trial can be ensured
to victim only if the investigation and trial
processes could be completed in a reasonable
time. Excessive adjournments cause hindrance
in the path of Right to Speedy trial. In this
perspective some of the decisions of Supreme
Court should be taken into account which has
explicitly dealt with such a situation which has
caused grave in road into the criminal
jurisprudence which can also be referred to.
 In State of U.P. V. Shambhu Nath Singh
and others25 - the legal position on this aspect
has been dealt with in extensor. It was held that
“Section 309 of the Code of Criminal Procedure
is the only provision which confers power on the
trial court for granting adjournments in
criminal proceedings. The conditions lay down
by the legislature for granting such
adjournments have been clearly incorporated in
the section. Thus, the legal position is that
once examination of witnesses started, the
court has to continue the trial from day to day
until all witnesses in attendance have been
examined ...….. Only if there are “special
reasons”, which reasons should find a place in
the order for adjournment, that alone can confer
jurisdiction on the court to adjourn the case
without examination of witnesses who are
present in court…….At any rate inconvenience
of an advocate is not a “special reason” for
bypassing the mandate of Section 309 of the
Code.
 In Chandra Sain Jain and others vs. The
State26 - a Single Judge has held as under while
interpreting Section 309 of Cr.P.C. “Merely
because the prosecution is being done by C.B.I.
or by any other prosecuting agency, it is
not right to grant adjournment on their mere
asking and the Court has to justify every
adjournment if allowed, for, the right to speedy
trial is part of fundamental rights envisaged
under Art. 21 of the Constitution.”
25
(2001) 4 SCC 667
26
1982 Crl. L.J. NOC 86 (ALL)
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 In one of the earliest cases reported in
Badri Prasad V. Emperor27 - a Division Bench of
the Allahabad High Court has stated the
legal position as “….Moreover, we wish to point
out that it is most inexpedient for a Sessions
trial to be adjourned. The intention of the Code
is that a trial before a Court of Session should
proceed and be dealt with continuously from its
inception to its finish. Occasions may arise
when it is necessary to grant adjournments, but
such adjournments should be granted only on
the strongest possible ground and for the
shortest possible period…..
 In the decision reported in Lt. Col. S.J.
Chaudhary V. State (Delhi Administration)28 -
has held as “We think it is an entirely
wholesome practice for the trial to go on from
day-to-day. It is most expedient that the trial
before the Court of Session should proceed
and be dealt with from its inception to its
finish. Not only will it result in expedition, it will
also result in the elimination of manoeuvre and
mischief. It will be in the interest of both the
prosecution and the defence that the trial
proceeds from day-to-day. ….. Once the trial
commences, he should, except for a very
pressing reason which makes an adjournment
inevitable, proceed day to day until the trial is
concluded. Further, it is the duty of every
Advocate, who accepts the brief in a criminal
case to attend the trial from day-to- day. We
cannot over-stress the duty of the Advocate to
attend to the trial from day-to-day.
IX. Suggestions:-
The purpose of Criminal Justice Administration
is not only to secure rights of Victims of rape
but also to provide them easiest and fastest
justice. This can only be achieved, if the trial
process of rape cases can be concluded in
effective and reasonable period of time. There
are various Laws and guidelines in this regard,
although there is a necessity to place much
27
(1912) 13 Crl. L.J. 861
28
(1984) 1 SCC 722
26
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more efforts to reduce the cases of prolonged
trials. However, there are some suggestions,
which if implemented can shrink pendency of
rape cases in Courts.
1)Offence like rape and sexual assault should to
investigated and tried in utmost priority.
2)Fast track Courts should be incorporated by
all the State governments, especially to deal
with rape cases.
3)Further, High Courts should call for records of
all the prolonged rape trial of Lower Courts,
when it is found that there is an excessive
delay.
4)Even as per guideline of Supreme Court, High
Court may quash the proceedings of cases in
which unwarranted delay occurs.
5)Moreover, mandate of Section- 309 of Cr.P.C
should be followed by all the Trial Courts, which
fundamentally nullifies the excessive
adjournments in trial proceedings.
6)Courts should give more importance to the
Plea bargaining mechanism for easy and quick
disposal of cases.
7)Moreover, our Police machineries should be
made more efficient to complete the
investigation process in reasonable period of
time.
8)Use of modern techniques in trial process
should be followed by using email for sending
summons/warrants, use video conferencing in
recording evidence and use of forensic labs for
testing evidences.
9)Government should fill all the vacant posts of
judges in Lower Courts, High Courts and
Supreme Court.
10)More infrastructures should be provided to
the Courts and number of staff should be
increased.
All these are some necessary suggestion which
if followed will curb the problem of prolonged
Trial.
X. Conclusion:
Rape is one of the most heinous crimes against
woman. It not only tends her physical
impairment but also to that mental agony which
stay in her mind till her life. No Court would be
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Volume-5, Issue-2, January- 2016
able to return her fame which she has lost but
an effort could be made to provide her fair,
easiest and fastest justice. However, Right to
speedy trial which is enshrined under Article –
21 of Constitution is not just a fiction but it is
meant to govern the rights of victim of rape. It
nevertheless works as an ointment to those who
are again victimized by the prolonged trial
process. Further, our criminal justice system
has a unique feature of securing rights of
victims, however, it is rarely seen that victims of
rape do get easiest and fastest justice. It is
pertinent to note that, only by making right to
speedy trial a fundamental right or making of
strict or special law in this regard, will not serve
the purpose of providing fair and fastest justice,
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Impact Factor: 2.389
unless it is strictly implemented. And this right
could only be implemented through the ends of
members of judicial fraternity which includes
investigation agencies, lawyers and judiciary.
Moreover, strong efforts should be made by
social groups and Non- governmental
organizations to guide victims of rape about
their rights.
In the light of issues raised and authorities
sighted, it can be concluded that delay in trial of
rape victim will itself deny the justice to them.
Therefore, strong commitment is required not
only by government, investigation agencies but
also by the judiciary to provide fair, easiest and
quickest justice to the victim of rape.