Mandate Of Day-To-Day Trial U/S 309 CrPC Is Thrown To The Wind': Bombay High Court Flags 'Unhealthy Practice' Of Trial Courts

The Bombay High Court criticized trial courts for not adhering to the mandate of day-to-day trials under Section 309 of the CrPC. The court highlighted a rape case where only 10 witnesses were examined over 2 years and 4 months, which violated the accused’s and victim’s right to a speedy trial. The court emphasized that Section 309 CrPC, rooted in Article 21 of the Constitution, mandates continuous trials to ensure justice. The court ordered a retrial and issued guidelines for lower courts to follow Section 309 strictly, noting that delays undermine the integrity of the judicial process and the rights of all parties involved.