MP High Court Sets Aside Lower Court Decision: Justice Must Not Be Rushed

Rewa, Madhya Pradesh: The Madhya Pradesh High Court has overturned a decision by a special POCSO (Protection of Children from Sexual Offences) Court in Rewa, which had rejected the accused’s plea to summon certain witnesses, including DNA experts. The trial court had justified its decision on the grounds that the case was among the 100 oldest pending cases in the district and had to be resolved within six months.

High Court’s Strong Observations

A bench headed by Justice A.K. Singh emphasized that while delay in justice amounts to injustice, rushing through a case compromises the essence of justice. The court noted, “Justice delayed is indeed a grievance, but justice in haste can bury justice itself.”

Background of the Trial Court Decision

The trial court in Sirmour, Rewa, had twice rejected the accused’s request to summon expert and other witnesses. The court argued that the case was part of the district’s oldest pending matters and needed to be disposed of within six months, as per High Court directions for older cases. The trial court also questioned why the plea was not filed earlier and stated that forensic expert reports could be accepted under Section 293 of the CrPC even without formal evidence.

High Court Overrules Lower Court

The High Court found the trial court’s reasoning untenable and set aside its order. The lower court has been directed to summon the expert and other witnesses as requested in the applications filed on 28 August 2024 and 3 September 2024, record their statements in accordance with the law, and then proceed to conclude the case.

Key Points of the Case

1. The trial court in Sirmour twice rejected the accused’s request to summon witnesses in a POCSO case.
2. The lower court argued that the case, being among the oldest in the district, must be resolved within six months and that the process could not be prolonged.
3. The court also cited Section 293 CrPC, stating that forensic expert reports are admissible without formal evidence.
4. The High Court overruled this reasoning, emphasizing that the quality of justice should not be compromised due to the age of a case.
5. The lower court has been instructed to summon all witnesses mentioned in the applications from 28 August and 3 September 2024 and record their statements properly before concluding the trial.