3 minutes of readingBombayJanuary 30, 2026 12:02 am IST
THE MUMBAI High Court has sought a report on why a man facing sexual assault charges has spent more than 11 years in prison as a subtrial without completing the trial.
“Taking into account the submission of learned counsel for the petitioner, seek report from the judge concerned as to why the trial has not been concluded though the petitioner has been behind bars for more than 11 years and 6 months,” Justice Shivkumar Dige said in an order dated January 16, while hearing the accused’s bail application. On January 27, the court also directed the complainant to file a reply.
The accused’s lawyer Siddharth Jagushte said the prosecution has summoned 28 witnesses in the chargesheet, but only two witnesses have testified so far, including one partially heard.
“…the fundamental rights of the petitioner under Article 21 of the Constitution of India are being violated by remaining in remand for a prolonged period, now 11 years and 4 months, without progressing the trial in which the prosecution has listed a total of 28 witnesses (only 1.5 examined) for examination, which will take considerable amount of time,” the petition says.
The case relates to an FIR lodged in Pune in 2014 under sections of the Protection of Children from Sexual Offenses Act for alleged sexual assault of a minor. His bail plea was earlier rejected by the Pune sessions court, but no appeal has been filed in the high court so far.
In February 2014, the minor victim was taken to a public hospital in Pune and the authorities went to the police after it was revealed that she was pregnant.
In March 2014, the victim had a baby, but he died the next day. Based on the victim’s statement, a complaint was filed against a person who claimed to be the father of the child. The petition said that at that time, however, the child’s DNA was not taken to confirm who the father was. The victim was sent to a women’s shelter after being discharged and the accused was arrested after she named him in a subsequent statement four months later and has been in Yerwada jail since then, according to the petition. The accused was charged with charges including rape under the Indian Penal Code and relevant sections of the Protection of Children from Sexual Offenses Act.
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The high court has sought a report from the trial court on the delay.
