ROOPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant miscellaneous transfer petition has been filed by the petitioner complainant seeking a direction for transfer of the Sessions Case No. 18/2012 pending in the Court of learned Special Judge (SC/ST) Cases, Sirohi to another court outside the District Sirohi.

(2.) The petitioner's minor daughter was subjected to rape and thereafter murdered on which an F.I.R. No. 73/2012 was registered at P.S. Reodar. After investigation a charge sheet was filed and the matter is pending for trial before the learned the Special Judge, S.C./S.T. Cases, Sirohi. The petitioner being a complainant in the case moved an application before the learned Special Judge mentioning therein that the accused Kesar Pratap Singh is from Devra Rajput family of Sirohi and has so much of influence that no lawyer from Sirohi District is prepared to plead his case in the Court. He specifically mentioned that the Public Prosecutor is a close relative of the accused and thus he expressed his suspicion about fair conduct of the Public Prosecutor in this case. Ultimately he prayed in the application that the matter be transferred to some court outside Sirohi, so that he can engage advocate to plead his case and get justice for his daughter. A copy of the application has been placed on record. This Court vide order dated 14.2.2013 directed summoning of a report from the trial court about the grounds raised in the transfer application. The report dated 1.3.2013 has been received from the learned Special Judge, S.C./S.T. Cases, Sirohi wherein it has been mentioned that no lawyer is prepared to plead the case of the complainant at Sirohi. As per the proviso to amendment added in Section 24 of the Cr.P.C. in the year 2008 now the victim has been permitted to engage a counsel of his choice to assist the prosecution. As per the factual matrix set out above, it is evident that as no lawyer at Sirohi is prepared to appear on behalf of the petitioner complainant in the Court of Special Judge, the petitioner would be deprived of his right to request the Court to permit an advocate of his choice to assist the prosecution and thereby depriving the petitioner of his valuable right to plead his case.

(3.) In this view of the matter, the counsel for the respondent concedes that the matter may be transferred to the Court of Special Judge, S.C./S.T.(Prevention of Atrocities) Cases, Pali so that a fair trial of the matter can be conducted.