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KOLKATA: Justice can be delayed but not denied, the Calcutta high court said on Monday while ordering a convict of 78-plus years to serve out his five-year prison sentence for a crime committed 51 years ago, reports Saibal Sen. The court told the man, currently out on bail, to surrender before February 23.
The case dates back to February 6, 1972, when a group of “miscreants” barged into a person’s home and robbed him of several household articles and a gun in Midnapore. Police charged those arrested with robbery, which carried a prison term of 10 years.
The trial was held at a Midnapore sessions court from 1984. The trial court convicted Ahindra Kumar Majhi, and another person, and sentenced him to five years in prison. Majhi was in custody for some time and later got bail.
This old case reached the HC and came up for hearing. Justice Subhendu Samanta of the HC took note of the arguments by Majhi on the long pendency of the trial, but didn’t offer any relief, saying civilised society is always “searching and demanding justice” and “it cannot be denied due to lapse of time”.
The order said: “It is true that the incident happened in the year 1972 and we are in the 2023; long time has already been elapsed but that does not itself disprove the notion of justice and invalidate criminal justice delivery system. ”
Upholding the Midnapore court’s order, the judge said: “The appellants are on bail. They are directed to appear before the sessions judge, Paschim Medinipur on February 23, 2023, to serve out their remaining portion of sentences; failing which the sessions judge to issue warrant of arrest against the convicts/appellants. . . ”
The case dates back to February 6, 1972, when a group of “miscreants” barged into a person’s home and robbed him of several household articles and a gun in Midnapore. Police charged those arrested with robbery, which carried a prison term of 10 years.
The trial was held at a Midnapore sessions court from 1984. The trial court convicted Ahindra Kumar Majhi, and another person, and sentenced him to five years in prison. Majhi was in custody for some time and later got bail.
This old case reached the HC and came up for hearing. Justice Subhendu Samanta of the HC took note of the arguments by Majhi on the long pendency of the trial, but didn’t offer any relief, saying civilised society is always “searching and demanding justice” and “it cannot be denied due to lapse of time”.
The order said: “It is true that the incident happened in the year 1972 and we are in the 2023; long time has already been elapsed but that does not itself disprove the notion of justice and invalidate criminal justice delivery system. ”
Upholding the Midnapore court’s order, the judge said: “The appellants are on bail. They are directed to appear before the sessions judge, Paschim Medinipur on February 23, 2023, to serve out their remaining portion of sentences; failing which the sessions judge to issue warrant of arrest against the convicts/appellants. . . ”
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