Upon a plea by a rape victim who alleged decade-long sexual harassment by her uncles, the Supreme Court has ordered de-novo trial in a Delhi court.
The girl had alleged before a trial court that her two uncles sexually harassed her since 2003 and her aunt had abetted the crime.
The Delhi High Court had upheld the trial court order discharging the aunt and one of her uncles. The second accused was discharged on the ground that the alleged incident did not take place within the territorial jurisdiction of Delhi. However, the trial had commenced against the first accused.
Setting aside the high court judgment, a bench comprising Justice Pinaki Chandra Ghose and Justice Uday Umesh Lalit observed: “The allegations in question do indicate commission of offence as against both Accused Nos.1 and 2 within the territorial jurisdiction of Delhi, though major part of the transaction may have been outside Delhi. Since, part of the offence alleged did take place in Delhi, the offence can certainly be tried in Delhi. As regards Accused No.3, the allegations do make out a case against her of having abetted the commission of the offence by Accused No.1.”
Taking note of the fact that the trial had already commenced against one of the accused and about 20 witnesses have already been examined, the court ordered de-novo trial since it directed that the other accused be tried in the same Sessions case.
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