STATE OF MAHARASHTRA Vs. SECRETARY DEPARTMENT OF WOMEN

JUDGEMENT

(1.) HAVING heard Mr. Sonpal, "A" Panel Counsel for the applicant-State and the learned Counsel for respondent Nos.5, 11 and 12 in Criminal Application No.937 of 2011 and other accused having been served, we are satisfied that these are fit cases where the trial of offences of sexual assault and sexual abuse on inmates of the homes for mentally deficient children being the offences punishable under Section 376(c) and 376(i), 376(k), 377, 307, 324, 354, 323, 324, 467, 468, 471, 109, 114 Indian Penal Code read with Sections 23, 25 and 28 of Juvenile Justice (Care and Protection of Children) Act, 2000 are required to be transferred under Section 407 of the Code of Criminal Procedure to the Sessions Court, Mumbai.

(2.) HENCE, Sessions Case No.68 of 2011 pending on the file of the Sessions Court, Alibag-Raigad and Sessions Case No.5 of 2011 pending on the file of the Sessions Court at Kalyan, District Thane are transferred to the City Civil & Sessions Court at Mumbai.2.' Both the Sessions cases shall be transferred to the Sessions Court, Mumbai within two weeks from today. Having regard to the nature of the offences and in the peculiar facts and circumstances, we direct the Sessions Court, Mumbai, to conduct the trial as expeditiously as possible.

(3.) LEARNED Counsel for the accused oppose the prayer and submit that the proviso to sub-section (1) of Section 275 of the Code permits the evidence to be recorded by Audio-Video electronic means only in warrant cases, but there is no such provision in Section 276 of the Code providing for recording evidence in trial before the Court of Sessions.