Delay in trial of forest cases.
P.L.R. Marak
(Querist) 01 October 2011
This query is : Resolved
One forest case instituted in the year 1997 is still pending against one client. The offence was reported by the Divisional Forest Officer to the Magistrate for taking cognizance and commence trial. Initially he was charged with offence u/s 24 of Assam Forest Regulation Act. Surprising after a few years, the DFO again wrote to the trial Magistrate that case against the accused be tried u/s 41 of the said Act as no prima facie evidence was found to the earlier charge. The magistrate discharged the accused in the year 2002. However, the Forest Dept. went on appeal to the High Court as the proper procedure was not followed by the trial court. The high court directed fresh trial of case. As per direction of the high court, case being re-trial afresh. Charge been explained to the accused to which he pleaded not guilty, 2 witnesses out of 4 been examined and the remaining 2 will be examined shortly.
The said offence is punishable which may extend to 6 months and/or with fine which may extend to Rs. 500/- only.
Can the accused pray for acquittal on the following grounds:
1. Violation of Right to Speedy Trial.
2. Benefit of Doubt on the offence purported to be committed.
3. Seizure list defects.
Please help!
Raj Kumar Makkad
(Expert) 01 October 2011
1. No. As it is not a fundamental right and no acquittal has taken place in India on this ground as on date.
2. Let the trial complete. Benefit, if any has to be given in the final judgment by trial court.
3. It can maximum provide benefit while final argument is heard on merits.
R.Ramachandran
(Expert) 02 October 2011
I completely agree with the very neat and clear answer of Mr. Makkad.
Guest
(Expert) 02 October 2011
Nothing more to say. expert rightly told.
P.L.R. Marak
(Querist) 03 October 2011
Respected Sir(s),
At the initial stage of the case, there was no trial, say, for 5 years and the case was adjourned from time to time. It was only after the accused appealed in the higher court, he was discharged. The forest dept. challenged the appeal in the high court, the case was directed to be re-trialed afresh in 2002. Surprisingly, after a lapse of 8 years the case is being re-trialed!
There is one Supreme Court decision in Common Cause vs Union of India which I find relevant in the present case, attached herewith.
What are my advantages considering the above decision? Besides inordinate delay in commencement of trial, there are various legal defects like conduct of seizure without independent witness(es). KINDLY GUIDE!
Thanking you all in anticipation!
Arun Kumar Bhagat
(Expert) 07 October 2011
Mr. P.L.R.Marak , this common cause judgement is overruled by subsequent judgement of Supreme Court. You may see Rajdeo sharma's case.
