NEW DELHI: The Delhi High Court has strongly criticized a trial court for its insensitive approach in a Protection of Children from Sexual Offences (POCSO) Act, 2012 case, particularly its refusal to exempt a rape survivor from appearing in court despite her poor health.
Justice Girish Kathpalia, presiding over a single-judge bench, underscored the necessity of handling such cases with utmost sensitivity, emphasizing that survivors of sexual violence often suffer immense psychological trauma when forced to testify in court.
The High Court reprimanded the trial court for treating the victimโs request for exemption in the same manner as those made by habitual offenders. โA minor girl who has endured sexual violence cannot be equated with criminals when seeking exemption from physical appearance,โ the court stated.
In this case, the survivorโs lawyer informed the trial court that she was unwell and unable to attend the March 18 hearing. However, instead of granting relief, the trial court directed the Station House Officer (SHO) of Shalimar Bagh Police Station to verify her condition. The High Court deemed this directive unjustified, pointing out that survivors often experience physical symptoms of trauma, such as fever and anxiety, which do not require official verification.
Adding to the insensitivity, the High Court took serious exception to the fact that a male constable was sent to the victimโs residence for verification, despite orders being directed to the SHO or investigating officer. Calling this action โhighly inappropriate,โ the court demanded a report from the Assistant Commissioner of Police (ACP) on the failure to follow proper protocol. The absence of the investigating officer and SHO during the hearing also raised concerns about procedural lapses.
The case involves two accused who allegedly drugged and raped a minor. During a bail hearing, the High Court reviewed the March 18 and 19 trial court orders, which reflected a lack of empathy toward the victim. While acknowledging that the trial court may have been under pressure to expedite the proceedings due to the accused being in custody, the High Court made it clear that judicial urgency must not come at the cost of further traumatizing the survivor.
โFast-tracking a case does not mean treating the victim as if she were the accused. Sensitivity is crucial when dealing with child survivors of sexual violence,โ the court stated.
The matter is scheduled for further hearing on April 22. The accused were represented by Advocates Neha Singh, Rahul Vats, Rahul Kumar, and Saurabh Singh.
The Delhi High Courtโs observations underline the pressing need for a more humane approach in handling cases involving survivors of sexual violence, ensuring that judicial procedures do not become an additional source of distress for victims.
