This special leave petition has been filed by the State of Karnataka assailing the judgment and order passed by the High Court of Karnataka by which the sentence of life imprisonment for conviction of an offence of rape under Section 376 of the Indian Penal Code (for short the 'IPC') has been reduced to ten years.
While we propose to consider this matter on merit after service of notice to the accused-respondent, we feel acutely concerned as to why the Union of India should not take initiative and steps to evolve a procedure for fast track justice to be adopted by the Investigating Agencies and the Fast Track Courts by proposing amendments into the Cr.P.C. for speedy justice to the victim.
Fast Track Courts no doubt are being constituted for expeditious disposal of cases involving the charge of rape at the trial stage, but we are perturbed and anguished to notice that although there are Fast Track Courts for disposal of such cases, we do not yet have a fast track procedure for dealing with cases of rape and gang rape lodged under Section 376 IPC with the result that such heinous offences are repeated incessantly.
We are of the considered opinion that there is pressing need to introduce drastic amendments into the Cr.P.C. in the nature of fast track procedure for Fast Track Courts and here is an occasion where we deem it just and appropriate to issue notice and call upon the Union of India to file its response as to why it should not take initiative and sincere steps for introducing necessary amendment into the Cr.P.C., 1973 involving trial for the charge of "RAPE" by directing that all the witnesses who are examined in relation to the offence and incident of rape cases should be straightway produced before the Magistrate for recording their statement to be kept in sealed cover and thereafter the same be treated as evidence at the stage of trial which may be put to test by subjecting it to cross- examination. We are further of the view that the statement of victim should as far as possible be recorded before the Judicial Magistrate under Section 164 Cr.P.C. skipping over the recording of statement by the police under Section 161 Cr.P.C which in any case is inadmissible except for contradiction so that the statement of the accused thereafter be recorded under Section 313 Cr.P.C. The accused then can be committed to the appropriate Court for trial whereby the trial court can straightway allow cross examination of the witnesses whose evidence were recorded earlier before the Magistrate.
What we wish to emphasize is that the recording of evidence of the victim and other witnesses multiple times ought to be put to an end which is the primary reason for delay of the trial. We are of the view that if the evidence is recorded for the first time itself before the Judicial Magistrate under Section 164 Cr.P.C. and the same be kept in sealed cover to be treated as deposition of the witnesses and hence admissible at the stage of trial with liberty to the defence to cross-examine them with further liberty to the accused to lead his defence witness and other evidence with a right to cross-examination by the prosecution, it can surely cut short and curtail the protracted trial if it is introduced at least for trial of rape cases which is bound to reduce the duration of trial and thus offer a speedy remedy by way of a fast track procedure to the Fast Track Court to resort to.
Considering the consistent recurrence of the heinous crime of rape and gang rape all over the country including the metropolitan cities, we are of the view that it is high time such measures of reform in the Cr.P.C. be introduced after due deliberation and debate by the legal fraternity as also all concerned.
We, therefore, deem it just and appropriate to issue notice to the Union of India through the Attorney General which the counsel for the petitioner is directed to serve by way of dasti summons.
The matter be posted again on 3.9.2013 for further consideration.
We expect and are hopeful that there will be collective endeavor on the part of the legal fraternity including Union of India as also all concerned by way of impleadment to file the response in this regard at the appropriate stage. If necessary, we may call upon any members of the Bar to assist us by way of amicus curiae.
