LAWS(RAJ)-2005-6-24

SUO MOTO Vs. STATE OF RAJASTHAN

Decided On June 01, 2005
SUO MOTO Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) A sordid and obnoxious incident of rape on a foreign lady tourist in the intervening night of 11th and 12th May, 2005 reported in the regional Newspapers evoked the judicial conscience to take suo moto congnizance, considering that the Constitutional Courts vested with the powers under Article 226 of the Constitution of India, can no more be a silent spectator in the matter of violent crime against women and wait for its turn for dispensation of justice as provided under the relevant provisions of law.

(2.) IN order to combat the increasing crime against women and to ensure protection and preservation of their human rights, the Criminal Justice System needs to be addressed from the point of view of systematic Victim Support Service. There is need to promote proactive role of police as well as the trial Courts. Thus, in order to expedite the investigation, to provide protection to the victim, ensuring production of material witnesses during trial without delay, expeditious conclusion of the trial and payment of compensation to the victim, after noticing the incident, by order dated 13.5.2005, we ordered as follows :

(3.) THE Mallimath Committee has also observed with respect to speedy investigation and trial in para 16.6.2 as follows :