Moral Views Of Judge Have No Role In Adjudication But Courts Must Consider Social Background In Which Offences Take Place: Delhi HC

The Delhi High Court has observed that while moral views of a judge has no role to play in adjudication of cases but Courts must consider the social background in which the offences take place. “While the moral views of the judge or a particular segment of society should have no role in such adjudication, courts must consider the social background and circumstances in which incidents or offenses take place,” Justice Swarana Kanta Sharma said.The Court dismissed a plea moved by an accused challenging the trial court order framing charges against him in a rape case. The complainant-woman alleged that accused had established sexual relations with her on multiple occasions on false pretext of marriage.As per the FIR, the complainant was unaware of his marital status initially and had only discovered it later. It was alleged that even after confrontation, the accused assured her that he would divorce his wife, which led her to continue the relationship.Rejecting the plea, the Court noted that both the prosecutrix and the accused were already married and in legally subsisting marriages with their respective partners and that the accused was aware of the marital status of the prosecutrix, though she stated that she was unaware of his marital status and came to know about it only later.The Court said that the prosecutrix was not a highly educated woman and had placed on record notarized documents executed between her and her husband, purporting to record their mutual consent for separation or divorce.However, the Court added, it is important to note that the documents she relied upon to claim that she was divorced were only notarized affidavits.“In the present case, considering the prosecutrix‟s background, she may have believed that the execution of notarized documents of divorce, which recorded mutual consent for separation, was sufficient to establish her status as divorced. Although such a document does not constitute a legal divorce, her reliance on it lends prima facie credence to her argument that she was promised marriage by the accused and, based on this promise, she chose to separate from her husband and enter into the relationship,” the Court said. It added whether the complainant's claims were credible and the allegations were true will only become clear after the parties lead their evidence, and concluded that, at this stage, a case for discharge was not made out.“Therefore, this Court is of the opinion that the charge under Section 64(2)(m) of BNS is made out against the petitioner herein. The order of the learned Sessions Court, however, is modified to the extent of the observations made in this case, and the impugned order framing charge against the petitioner is sustained, though, on different grounds,” it said.Title: HIMANSHU SINGLA v. STATE OF NCT OF DELHI & ANR.Citation: 2025 LiveLaw (Del) 111Click here to read order

Moral Views Of Judge Have No Role In Adjudication But Courts Must Consider Social Background In Which Offences Take Place: Delhi HC

Nupur Thapliyal

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