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Make prosecution agency effective, says HC

By Law Reporter

GUWAHATI, May 31 � The Gauhati High Court, after hearing a criminal appeal (No. 121/2010) filed by Pran Krishna Bora against the order of conviction dated June 30, 2010 passed by the Additional Sessions Judge, FTC, Nagaon in Session Case No. 307 (N) of 2005 u/s 323/447/376 R/W Section 511 of IPC, upheld the judgment by reducing the imprisonment from four years to one year and also directed to pay a fine of Rs 10,000 for his conviction u/s 354 IPC.

Justice BD Agarwal, in the judgment, expressed dissatisfaction over the trial of the case. In the judgment, it was observed that the Additional Public Prosecutor, while conducting the trial of the case, not only remained silent during the cross-examination of the prosecution witnesses, but practically left the case at the mercy of the Investigating Officer. During the course of the hearing, the court found that the conduct of the Investigating Officer was highly reprehensible and needs administrative action.

Justice Agarwal further observed that although the CrPC was amended in 2005 and Section 25-A was inserted for establishment of a Directorate of Prosecution, the Government appointed a Director of Prosecution in 1999, but no sincere effort has been made to make this agency effective. Even after the passage of eight years since the amendment, the full-fledged Directorate, by way of constituting a public prosecutor, additional public prosecutors and other officers of the department by enacting statutory rules, has not been framed till date. Because of not providing regular training to the public prosecutor, etc., the improvement of quality of prosecution and also smooth handling of criminal cases is not reflected in the trial, although the Director of Prosecution, Assam submitted a scheme in 2008 itself.

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Make prosecution agency effective, says HC

GUWAHATI, May 31 � The Gauhati High Court, after hearing a criminal appeal (No. 121/2010) filed by Pran Krishna Bora against the order of conviction dated June 30, 2010 passed by the Additional Sessions Judge, FTC, Nagaon in Session Case No. 307 (N) of 2005 u/s 323/447/376 R/W Section 511 of IPC, upheld the judgment by reducing the imprisonment from four years to one year and also directed to pay a fine of Rs 10,000 for his conviction u/s 354 IPC.

Justice BD Agarwal, in the judgment, expressed dissatisfaction over the trial of the case. In the judgment, it was observed that the Additional Public Prosecutor, while conducting the trial of the case, not only remained silent during the cross-examination of the prosecution witnesses, but practically left the case at the mercy of the Investigating Officer. During the course of the hearing, the court found that the conduct of the Investigating Officer was highly reprehensible and needs administrative action.

Justice Agarwal further observed that although the CrPC was amended in 2005 and Section 25-A was inserted for establishment of a Directorate of Prosecution, the Government appointed a Director of Prosecution in 1999, but no sincere effort has been made to make this agency effective. Even after the passage of eight years since the amendment, the full-fledged Directorate, by way of constituting a public prosecutor, additional public prosecutors and other officers of the department by enacting statutory rules, has not been framed till date. Because of not providing regular training to the public prosecutor, etc., the improvement of quality of prosecution and also smooth handling of criminal cases is not reflected in the trial, although the Director of Prosecution, Assam submitted a scheme in 2008 itself.

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