FIRs In Rape Cases With Minors Not Mere Printed Papers But Reflection Of Trauma Suffered By Victim: Delhi High Court

The Delhi High Court has said that the FIRs in cases involving sexual assault and rape committed upon minors are not mere printed papers, but a trauma writ large, experienced by a living human being, which is difficult to be portrayed on a piece of paper.

Justice Swarana Kanta Sharma said that in cases of sexual assault of minor victims, the extreme stressful situation and life-turning experience faced by a victim should not be dealt with in mechanical manner by courts.

It was further observed that the purpose of courts is not only to interpret the law, but also to serve as a “bastion of sensitivity and empathy” while adjudicating cases of sexual assault.

“This Court is also of the firm opinion that sensitivity is not a selective attribute applicable to certain cases or stages of trial; rather it is an inherent requirement for every judicial proceeding. Sensitivity has to be shown by the Courts at every stage of trial especially in a case of sexual assault of a minor,” the court said.

Justice Sharma made the observations while dealing with a plea moved by mother of a 16 year old girl challenging a trial court order rejecting the victim's application seeking preservation of CCTV footage as well as CDRs of the accused persons.

As per the FIR registered under POCSO Act, it was alleged that the minor was raped by three men, prepared a video of the act and threatened her to post the same if she made any alarm.

Setting aside the impugned order, the court directed that the CCTV footage of the day of incident surrounding the victim's house, as well as the CDRs of the accused persons between January to May, 2023, be collected by the Investigating Officer.

“The victim, as in the present case, had experienced a life changing traumatic experience and was under fear of her inappropriate filmed video of gang rape being made public and the trauma of being violated by one known and two unknown persons, to such an extent that she required medical help to recover from the mental trauma suffered by her,” the court said.

It added that the Courts are the supportive pillars of hope for justice and assurance for individuals seeking solace in the justice system.

“The loss of evidence in such cases will result in loss of hope for getting justice, as the justice may, at times, primarily depend on such evidence. The date of incident is crucial in a criminal case and therefore, as discussed above, the evidence that the victim pleaded with the Trial Court to be preserved was as crucial as preserving the victim's faith in judicial system,” the court added.

Title: JASPREET KAUR v. STATE OF NCT OF DELHI

Citation: 2023 LiveLaw (Del) 1324

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