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Judgment
This contempt petition is filed against the respondent/accused, consequent to the order dated 28.08.2023 passed by this Court in Criminal Appeal No.100247/2014 connected with Criminal Appeal No.100040/2015, vide Annexure-A.
Vide said order, it is observed that the conduct and behaviour of the respondent inside the Court amounts to contempt of Court.
We have perused the entire material on record.
Criminal Appeal No.100247/2014 came to be filed by the respondent herein and Criminal Appeal No.100040/2015 by the State against the judgment dated 30.10.2014 passed in S.C. No.29/2005 on the file of the Court of Additional District and Sessions Judge, Gadag. In the said appeals, the State and the respondent herein, whose husband was murdered, challenged the judgment of acquittal. The respondent sought to argue her appeal as party-in-person. Her conduct during the arguments of the appeal has led to initiation of the present contempt proceedings.
The allegations are that the respondent has made false and reckless allegations against the amicus curiae as well as the defence advocates and the Court. Further, she was taking unnecessary adjournments and though provided with ample opportunity to conduct her appeal in a dignified manner, misbehaved in the Court Hall and her conduct was deliberate interference with the due course of judicial proceedings.
Today, the respondent/accused, who is present before the Court, has filed her statement along with the verifying affidavit. It is relevant to extract paragraphs 8 and 10 which reads as under:-
“8. The Victim-Accused herein most humbly submits that as a Woman-Victim-Party-in-person, in the aforesaid circumstances, out of sudden provocation and emotions, had raised her voice and made her oral submissions, controverting the allegations made against her. Her said conduct is not deliberate but bonafide and un-intentional. She never had any intention to interfere with the due course of judicial proceedings or to lower the authority of this Hon'ble Court while this Hon'ble Court was hearing the Criminal Appeals in Crl.A.No.100247/2014 C/w 100040/2015.
It is further respectfully submitted that the Victim-Accused herein has greatest respect to the Hon'ble Judges; this Hon'ble Institution and the learned Advocates and she never had any intention to show dis- respect as alleged against her. Since her un-intentional conduct during the course of hearing of the aforesaid Criminal Appeal has given an impression to this Hon'ble Court for initiation of the above Contempt Proceedings, the Victim- Accused herein tenders her un-conditional apology that she would not repeat the same in future and prays that further proceedings in the above case may kindly be dropped.”
The respondent, who is physically present submits that, she never had any intention to show disrespect to anyone and she being the victim, out of emotion, has made certain statements which is unintentional. She, therefore, tenders her unconditional apology and also submits that she would not repeat the same in future.
In the above facts and circumstances, we deem it proper to accept the unconditional apology tendered by the respondent with a warning to her not to repeat the same in future.
We, accordingly, drop the contempt proceedings.