The Delhi High Court has emphasized that exemption requests made by victims of sexual violence to avoid appearing in court should not be equated with similar requests made by hardened criminals.
"One has to be conscious of the intersectionality of a girl child who has undergone trauma of sexual violence. Such a victim, on being summoned by court to depose and virtually relive the trauma, is bound to get jitters and consequences like loose motions and fever, caused by nervousness and agony," stated Justice Girish Kathpalia.
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The case under consideration involved bail pleas from two men accused in a POCSO case. The prosecution alleged that a minor victim was administered an intoxicating liquid and subsequently raped.
The prosecution argued that it would be in the victim’s best interest for the bail applications to be heard only after her testimony, as the accused resided in her neighborhood and could potentially intimidate her. However, the defense countered that the victim was deliberately delaying the proceedings.
On March 18, the trial court issued summons for the victim to appear. However, she failed to do so, citing health reasons. The court noted that no medical documentation had been submitted and directed the Delhi Police to verify her condition. Despite this, on the following day, another exemption request was filed, again citing ill health, with her counsel requesting ten days for her to recover before testifying.
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Justice Kathpalia expressed concerns over the sensitivity of courts designated to handle cases involving sexual violence victims. "Exemption requests of victims of sexual violence cannot be treated at par with such requests of hardened criminals," the Court emphasized.
While acknowledging the need for an expedited trial, the Court stressed that it should not come at the cost of further traumatizing the victim. "The directive for a speedy trial cannot be interpreted in a way that inflicts more distress on the victim, as if she were the aggressor," the Court remarked.
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A disturbing detail that emerged during the proceedings was that, contrary to court orders, a male constable visited the victim’s residence on the night of March 18. The Court directed the ACP to submit a detailed report regarding this incident.
"What is extremely appalling is that, despite the seriousness of the matter, neither the Investigating Officer nor the Station House Officer appeared before the Court," the judge noted.
The case has been adjourned, with the next hearing scheduled for April 22, 2025.
Title: ASHLOK v. THE STATE GOVT. OF NCT OF DELHI and other connected matter
