The Supreme Court today asked a trial court in Odhisa to deliver its verdict in a case involving rape of a Christian nun during the 2008 Kandhamal riots within three months.
A bench of justices S S Nijjar and F M Ibrahim Kalifulla vacated the stay order on the proceedings, which was done by the apex court after the victim had raised question on the trial for not cross-examining Sub-Divisional Judicial Magistrate, who was named as prosecution witness in the case.
The bench directed the trial court to recall the witness and to call upon the prosecutor to cross-examine him.
“We direct the trial court to recall the said prosecution witness and call upon the prosecutor to cross-examine the said witness on the aspect relating to the statement,” the bench said while setting aside the order of the trial court as well as the High Court which had dismissed her plea.
“It is unfortunate to state that the trial court miserably failed to come alive to the realities as to the nature of evidence that was being recorded and miserably failed in its duty to note the serious flaw and error in the recording of evidence of PW-18.
“In this context, it must be stated that the prosecutor also unfortunately failed in his duty in not noting the deficiency in the evidence,” the judgement said.
Thirty-eight people were killed in the Kandhamal riots during 2008 that had occurred in the tribal-dominated district in the aftermath of the killing of VHP leader Laxmanananda Saraswati at the Jalespata Ashram on August 23, 2008.