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sunaina (house wife)     10 February 2013

Dear Mr. Bharat Chugh advocate

Good Morning Mr. Bharat Chugh,

Seeing your quality, I request a response from your good-self?

A molestation case took place in west bengal years back, leaving the victim with long term severe psychatric issues, still under medication.

The victim resides in Punjab. Molestation at age 11, now age 25.

What are the possibilites of the district magistrate/session court/high court, in this? Can they accept a plea to shift jurisdiction to victims place Punjab? It gets impossible to deal with the situation as mother and daughter live alone, and her medical health is to be considered? Can they accept submission of case in victims jurisdiction?

If so please HELP? What act/clause can be used here? How could this be handled?

Please OBLIGE?

Thank You

Sunaina.



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 February 2013

The Normal Principle is that an offence has to be tried at a place where the offence is committed. This is the general mandate of S.177 of the CrPC, this is done keeping in view factors like : availability of witnesses/law enforcment/bringing the accused to and from custody etc. These considerations are there. However in exceptional cases where a fair trial cannot be had in a particular forum - Supreme Court can be approached under the following provision :

 

406. Power of Supreme Court to transfer cases and appeals.

 (1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.


So the consideration is if it is expedient in the ends of justice...In this particular case we have to see if there are other witnesses to the case, and if yes from where they belong. The chances of a transfer seem bleak if based only on the mental health or comparitive lack of means of the victim - for both can be countered. 


If she can commute as it is her expenses are to be met, and if that doesn't do - Her evidence can be recorded through CCTV/Video Conference or even a commission can be sent to her hometown for her examination by moving an application in that regard.

 

Good Luck !

 

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

sunaina (house wife)     10 February 2013

Brilliant, Thank You Dear Sir!!!

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 February 2013

My Pleasure !!


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