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District Court visit Report
Submitted By: Shankey Verma Course: M.A. (Criminology) 1 st^ Semester
Particulars Of Visit
Name: District Court Rohini.
Location: Madhuban Chowk, Rohini.
Date Time Day
29-9-2014 10:00 AM TO 05:00 PM Monday
30-9-2014 10:00 AM TO 05:00 PM Tuesday
1-10-2014 10:00 AM TO 05:00 PM Wednesday
Purpose of Visit
The purpose of the visit was to understand the working of a court, the nature of duties of the judicial officers. The visit was to help us understand the role of court in dispensing justice in any case, the role of prosecutors in a case, the way cases proceed in a court, the way judges, prosecutors and defense lawyers handle the case, the relationship of the prosecutors and the police. This gave us an opportunity to understand the actual need of co- ordination in the four pillars of the criminal justice system.
The purposes of the visit as told by our college were:
to understand the working of a court and organization of Public Prosecutor’s office the nature of duties of the judicial officers to help us understand the role of court in dispensing justice in any case, filing of chargesheet to observe how Public Prosecutor is opening cases role of Public Prosecutor on the point of framing charge pre-charge hearing role of Public Prosecutor in recording statement of witness role of Public Prosecutor in cross examination roleof Public Prosecutor in recording the statement of Investigating Officer and expert. role of Public Prosecutor in submitting chargesheet role of Public Prosecutor in plea-bargaining the role of prosecutors to assist Superintendent of Police pre-sentence hearing the way judges, prosecutors and defense lawyers handle the case, the relationship of the prosecutors and the police. Other miscellaneous work done by Public Prosecutor. To understand how processes are issued and delivered To understand the role of a court clerk.
Rohini District Court
The Building of Rohini Courts Complex completed in the year 2006. This is the most modern operational District Courts building in Delhi. Presently cases pertaining to west and north-west District are dealt with at Rohini Courts complex.
At present the following courts are functioning at the Rohini courts complex:
Structure of the Court Complex
The Rohini District Court consisted of following:
Video Conferencing : Video conferencing facility has been made available at Rohini District Court on the Ground Floor at Room No.
Structure of Court Room
The Court room is a hall consisting of a raised pavilion which has a podium for the Honorable Judge with his Reader and Steno sitting on either side on the same podium.
On a pavilion comparatively lower to that of the Judge there is a witness and an accused box but as informed is not being used. In between the two boxes the typist sits who types all the statements made by the witnesses.
The prosecutor and the defense counsel stands on the bench near the typist. Between the two counsels stands the witness and the accused stands beside the accused box.
There is a Naib court helping the prosecutor standing just beside him.
The public attending the trial have seats provided behind the bench where the two counsels stand.
There are cupboards in the court room to keep all the case files being tried in the court. Even the case properties and other registers maintained in the court by the different judicial officers.
Functions of court room staff
Reader to the Honorable judge: He maintains all the case files of the cases being heard in the court and prompts the judge with the various cases and other documents.
Steno of the Honorable judge: Stenographer was sitting on a slightly raised platform under the judge. He maintains the verbatim written record of what was being said during the trail. The main reason why a written account is kept of the proceedings is to assist the parties if they wish to appeal the judge's decision at a later stage. After the trial has ended, the stenographer will transcribe everything that has been recorded into "transcripts", which can be made available to all the parties in the case and the judge.
Typist: Types each and everything going on in the court room.
Naibcourt: He maintains the attendance register for the witnesses and the accused and assists the reader with the maintenance of case file. He also calls the witness or accused inside the court room when asked by the judge.
FIR No. 184/ Police Station Aman Vihar Offence Robbery Under Section 363/366-A IPC & 8 of POCSO Act. Date of FIR 07-02- Action Taken on FIR (Date & Time)
07-02-2014 at 4:55 PM
District North-West Delhi Witness 2 Investigation Officer Asha Devi Judgement 29-10- Name of The Offender Kanwaljeet Singh Victim’s Name Not Disclosed
Briefly stated the case of the prosecution that on 28.04.2013, victim T went missing from her house. The father of the victim T went to PS Aman Vihar and filed a complaint regarding missing of his daughter T, pursuant to which, the present FIR was registered against unnamed person(s) as father of the victim did not have suspicion on any particular person for having enticed away/kidnapped his daughter. During the course of investigations, IO W/SI Asha Devi made efforts to search for victim T through publication and publicity in printed as well as electronic media. On 05.05.2013, victim T was recovered from the house of the accused Kanwaljeet, at instance of Smt. Shyam Kumari, mother of victim T. The accused was also arrested. The victim as well as accused was sent for medical examination, however, the victim refused for her gynecological examination. The IO also got statement of the victim T recorded u/s 164 Cr.P.C on 06.05.2013. In the said statement, the victim stated that she had voluntarily gone to the house of the accused Manish (accused Kanwaljeet) and that she wanted to marry him and to stay with him. On 09.05.2013, the victim was produced before concerned CWC, from where, she was handed over in custody of her mother. During the course of further investigations, IO obtained relevant documents of the age of the prosecutrix from her school, as per the particulars given by the parents of the prosecutrix. As per the school certificate, the date of birth of the prosecutrix was 08.07.1995, which brought her within the scope of definition of 'child” under the POCSO Act. Accordingly, the charge sheet was prepared and filed in this court.
FIR No. 103/ Police Station Samaipur Badli Offence Attempt to Murder Under Section 34,307,392,394,397 (IPC) Date of FIR 20-01- Action Taken on FIR (Date & Time) 20-01-2010 at 03:20 PM District Outer Rohini Witness 3 Witness Investigation Officer Surendra Singh (SI) & Trial From 03-09-2010 to till yet Name of The Offender Praveen with 2 another Persons Victim’s Name Suraj pal
In this case according to the victim Suraj pal, he sells the vegetables in Som market of Rohini Sector 18. He was going home with his brother at 12:15 AM, the date was19th April 2010. At the road three peoples surrounded him and robber him to see the knife, that time his brother was not there. His brother talking with his friend on mobile, but when he saw this then he run to save his brother.
To saw this one person attacked with knife on Suraj pal and rob Rs.3400 and run away. After that his brother called the police and admits him in a hospital. The police recorded the statements of both the brothers and after the investigation police arrested all the offenders. All the offenders confess their offence.
Critical Analysis
The first and the foremost problem that is being faced by the Indian judiciary are of speedy and fair trials. Almost all the cases that were being tried in our court room were being adjourned either due to lack of proper investigation or lack of witnesses/proofs or on the appeal of the lawyers. In my three day visit to the Rohini District Court, the judgement was pronounced by the judge in only a few cases. This has led to increase in burden over judiciary. Thus, there is an urgent need to look upon this problem.
Another major problem that I observed inside the court room was of the hostility of the witnesses. The witnesses were changing their statements at the last moment. This is another important factor that leads to delay in giving justice.
A few people were fighting inside the district court complex regarding their case and were abusing each other. No appropriate steps were taken by the security guards to stop these fights.
There was negligence in security at the entrance gate of the district court complex. Some people were entering the court without the security check of their belongings and the security officer was not taking the note of the same.
No proper parking management system was there outside the district court complex which was creating problem for the nearby residents. Moreover this was creating traffic problem also.
The walls of the court complex had the marks of tobacco spits and no penalty was being imposed on the culprits.
Though the judiciary is doing its best in establishing a true democracy, it needs some reforms also:
There should not be much delay in giving the judgements of the cases as this leads to increase in burden over the work of judiciary. The investigation agency i.e. the police and the prosecution play an important role in this. They must do their work sincerely and timely to curb this problem. Strikes by the prosecution should be avoided so that speedy trails can be done. Security department should do its duty properly as court complex is of great importance. Parking system outside the court complex should be managed properly either by MCD or some private player. No doubt that was complete silence inside the court room and everybody was paying due respect to the judge but the same should be followed outside the court room by the litigants in order to maintain a peaceful environment. Encourage alternative dispute redressal system to resolve the petty disputes, family disputes etc. to decrease the workload of the judiciary.
