LOK NAYAK JAYAPRAKASH NARAYAN

NATIONAL INSTITUTE OF CRIMINOLOGY AND FORENSIC SCIENCE

Government of India (Ministry of Home Affairs)

District Court visit Report

Submitted By: Shankey Verma

Course: M.A. (Criminology)

1st Semester
 Contents
1. Acknowledgement
2. Purpose of Visit
3. Introduction
4. Rohini District Court
5. Different types of Courts in Rohini court
 CIVIL JUDGE AND RENT CONTROLLER AT ROHINI
COURTS
 DISTRICT JUDGE /ADDITIONAL SESSION JUDGE AT
ROHINI COURTS
 ADDITIONAL DISTRICT JUDGE AT ROHINI COURTS
 FAMILY COURTS AT ROHINI COURTS
 MOTOR ACCIDENT CLAIM TRIBUNAL AT ROHINI
COURTS
 A.C. M.M & MM AT ROHINI COURTS
6. Structure of the court room
7. Functions of court room staff
8. Hierarchy of Prosecution
9. Case Study 1
10. Case Study 2
11. Personal Observation
I, SHANKEY VERMA student of M.A. Criminology, 1st semester,
would like to pay my sincere gratitude towards our course director Prof.
(Dr.) B.N. Chattoraj, for arranging our visit to District Court Rohini for
the purpose of understanding its organization and functioning.

I am also thankful to Mr. Narandra Singh Katyan, Chief

Prosecutor, Rohini District Court, Delhi to make us understand the Role
of Court and the role of Public Prosecutor and the Defense Lawyer in a
much Practical Way.

Shankey Verma
 Particulars Of Visit

Name: District Court Rohini.

Location: Madhuban Chowk, Rohini.

Date and Day of Visit

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.
 ABOUT
Court - A court is a tribunal, often a governmental institution, with
the authority to adjudicate legal disputes between parties and carry out
the administration of justice in civil, criminal, and administrative matters
in accordance with the rule of law. In both common law and civil
law legal systems, courts are the central means for dispute resolution,
and it is generally understood that all persons have an ability to bring
their claims before a court. Similarly, the rights of those accused of a
crime include the right to present a defense before a court.

District Court – The District Courts of India are presided over by a

judge. The administer justice in India at a district level. These courts are
under administrative and judicial control of the high court of the state to
which the district concerned belongs.

Prosecutor - The prosecutor is the chief legal representative of the

prosecution in system. He is a lawyer who represents the state and
conduct countries with either the common law adversarial system, or the
civil law inquisitorial criminal cases against defendants. The role of the
Prosecutor begins once the police filed the charge-sheet in the court.
The Prosecutor must conduct the prosecution on behalf of the Police
investigation. It is his/her duty to present all the facts, witnesses and
evidence before the court.

Prosecution - The prosecution is the legal party responsible for

presenting the case in a criminal trial against an individual accused of
breaking the law.

Defense lawyer - A defense lawyer is an attorney that represents an

accused party in legal matters, including in a court of law. The accused
party is known as the defendant, hence the name, defense lawyer.
Represent the accused after arrest to give advice. He investigates
details of the offense on behalf of the accused. He discusses the case
with the prosecutor and tests the strength of the state’s case. He
represents the accused at bail hearings and presents an appeal.
 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:

1. CIVIL JUDGE AND RENT CONTROLLER.

2. DISTRICT JUDGE /ADDITIONAL SESSION JUDGE.
3. ADDITIONAL DISTRICT JUDGE.
4. FAMILY COURTS.
5. MOTOR ACCIDENT CLAIM TRIBUNAL.
6. ADDITIONAL CHIEF Min ETROPOLITAN MAGISTRATES & METROPOLITAN
MAGISTRATES.
 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.
18. At present the conferencing between the Court and the Jail and
other Court Complexes including the Hon’ble High court is possible
from the Conferencing room.
 Record Room: The Record Room is located on the Third Floor at
Room No. 309. The Record Room works for weeding out of the
matured Judicial Records and Consignment of files decided by the
Judicial Officers.
 Library: A Library is presently functional for Judicial Officers on the
Fifth Floor.
 Legal Aid Services: The office of the Delhi Legal Services Authority
has been set up on the Third Floor at Room No.306, to provided free
legal services to the needy, poor, woman, scheduled casts, children etc.
 Bank & ATM: A branch of State Bank of India, its ATM apart from the
ATM of UCO Bank is situated at ground floor to facilitate easy financial
transactions by the Court Staff, Litigants, Lawyers and the General
Public.
 Canteen & Cafeteria: There is a hygienic Canteen/ Cafeteria on the
2nd Floor, inside the District Court Complex which provides foods,
beverage, tea etc. for general public.
 Photocopyist & Typist: Private Typists who types on the fixed rates
on the manual machines as well as on the computer and private
photostate copier for photocopy purposes are also available at Room
No. 16, Ground Floor inside the District Court Complex.
 Stamp Vendors: Stamp vendors are seated near the SBI bank.
 Delhi Govt. Dispensary: Delhi Govt. Dispensary is situated at
Ground Floor, inside the Rohini District Court where a Medical Officer
would be available.
 Security: The District Court is fully secured. There are guards on
each exit/entry gate who after checking, allowed people to come.
 Bar Association: There is office of Bar Association at Central Hall,
Ground Floor where one can contact the Lawyers.
 Hawalaat Kaksh: Keeping in view the requirement/ necessity of the
same a police post and a Judicial Lock up has been set up inside the
Court Complex.
 Computer Room: A Computer Branch is located on the Fourth Floor
of the Main Building. The Branch controls the computer facilities
installed at all the Courts, Branches and the residences of the Judicial
Officers and provides the necessary technical assistance to
troubleshoot the problems wherever required. The Branch manages
and maintains the stock and the record of computers and its
peripherals.
 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.
 Hierarchy of prosecution

Director of Prosecution – Supervises over the whole Directorate of

Prosecution.

Public Prosecutor – Does Administrative work.

Chief Public Prosecutor – Allocates work to other prosecutors under

him.

Additional Public Prosecutor – Represents the state in session court.

Assistant Public Prosecutor - Represents the state in Magistrate court.

 CASE STUDY - 1

FIR No. 184/13

Police Station Aman Vihar
Offence Robbery
Under Section 363/366•A IPC & 8 of POCSO Act.
Date of FIR 07-02-2014
Action Taken on FIR (Date & 07-02-2014 at 4:55 PM
Time)
District North-West Delhi
Witness 2
Investigation Officer Asha Devi
Judgement 29-10-2014
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.
 CASE STUDY - 2

FIR No. 103/10

Police Station Samaipur Badli
Offence Attempt to Murder
Under Section 34,307,392,394,397 (IPC)
Date of FIR 20-01-2010
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.
 Personal Observation
The Rohini District Court started functioning on February 2006 and is
much modern in its infrastructure. Every court room is properly furnished
and air-conditioned. There were seats for the visitors for the open trial.
The District Court is built in the area measuring 75,000 sq.
yards upto fifth storey. It consists of 56 courts and various branches
which include one Library, Delhi Legal Aid Services (DLAS)
Office, Mediation Centre, one Copying Agency, Record Room, Office of
Bar Association, Nazarat Branch, Conference Hall, Administration
Branch, Bail Section, RTI Cell, Computer Branch, ACMM Office, Account
Branch, ACJ Office and various other Branches and Lawyers Chambers.

Different court rooms were dealing with different types of cases. In some
court room only cases related to rape were being tried while in some
court room only cases related to NDPS Act were being tried and so on.

There was a police officer at the entrance of the court room without
whose permission nobody was allowed to enter the court room. The
people concerned with their cases were waiting outside the court room
and the police officer was making call to them. Every accused person
was taken to the magistrate by a police officer. There were seats outside
the court room also for the people.

The atmosphere inside the court room was quite and calm. Everyone
was doing his duty quietly. Nobody was allowed to talk on phone in front
of the magistrate. Everybody has to pay due respect to the judge while
entering the court room. The steno of the judge was maintaining the
orders of the judge. The reader to the judge was maintaining all the case
files of the cases being heard in the court and was prompting the judge
with the various cases and other documents.

The naibcourt was maintaining the attendance register for the witnesses
and the accused and assisting the reader with the maintenance of case
file.
 Critical Analysis
“JUSTice delayed is jUSTice denied”
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.
SUGGESTION
S
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.