HC transfers case as woman alleges bias by lower court

Madurai Mahila Court to hear case filed by woman in Sivaganga


The Madurai Bench of the Madras High Court on Friday took cognisance of a petition filed by a woman alleging bias in the conduct of trial in a criminal case by Sivaganga Mahila Court and transferred it to Madurai Mahila Court.

In her petition filed before the High Court Bench, the woman from Sivaganga district said a history-sheeter, ‘Burma’ Pandi, and his accomplices had kidnapped and gang-raped her 16-year-old daughter in Peranipatti.

Sivaganga police had secured the accused and remanded them in judicial custody under Sections 366 (a) (Procuration of minor girl) and 376 (Rape) of the Indian Penal Code and Sections 5 G and 6 of the Protection of Children from Sexual Offences (POCSO) Act. The High Court Bench had earlier denied bail to the accused, who were currently lodged at Madurai Central Prison, she said.

When the case came up for trial before the Sivaganga court, the trial court judge used offensive language against the witnesses, including the victim, the woman said. She also alleged disinclination on the part of the trial court judge to conduct the case.

Hence, she sought a direction to transfer the case to any other mahila court so that it could be decided on merits.

Justice A.D. Jagadish Chandira, who heard the petition, observed that the court would not go into the allegations. However, with the atmosphere at the lower court not conducive for the continuance of the trial, the entire file before Sivaganga Mahila Court should be transferred to Madurai Mahila Court, the judge said.

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Printable version | Apr 10, 2020 9:24:58 AM |

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