“Sensitivity while dealing with children who are victims of sexual violence is the most important facet of POCSO courts,” the Delhi High Court emphasized while criticizing a trial court and the police for their handling of a rape survivor’s exemption request.
A single-judge Bench of Justice Girish Kathpalia expressed concern over the trial court’s unwillingness to exempt a minor rape survivor from appearing physically for a hearing, despite her illness. The Court stressed that survivors of sexual violence should not be subjected to the same scrutiny as habitual offenders.
“One must recognize the intersectionality of a girl child who has suffered sexual violence. Exemption requests from such victims cannot be equated with those of hardened criminals,” the Court observed.
Trial Court’s Reluctance and Police Misconduct
The case involved a minor who, through her counsel, informed the trial court that she was unwell and unable to attend a hearing scheduled for March 18. Instead of granting relief, the trial court directed the station house officer (SHO) of Shalimar Bagh police station to verify her illness and adjourned the matter to the next day.
The High Court strongly disagreed with this approach, noting that a survivor being summoned to testify is already a traumatic experience. “The emotional distress of reliving trauma often manifests in physical symptoms like fever and anxiety-related ailments. This is not an unexpected reaction that warrants verification at the very first instance,” the Court stated.
Additionally, despite the trial court’s instructions to the SHO or investigating officer, a male constable was sent to check on the survivor, further compounding the insensitivity in the case. The High Court condemned this action and sought a report from the Assistant Commissioner of Police (ACP) regarding this lapse.
“It is appalling that, as revealed by the prosecutrix’s counsel, on the night of March 18, a male constable visited her residence, disregarding the trial court’s clear directions. A detailed report on this issue must be submitted,” the Court ordered.
Call for Sensitivity in POCSO Cases
The matter was being heard in connection with the bail plea of two individuals accused of raping the minor after allegedly administering an intoxicating substance to her. The trial court’s orders on March 18 and 19, which refused to exempt the survivor from physical appearance, were brought to the High Court’s attention during the hearing.
While acknowledging that the trial court was under direction to expedite the trial, the High Court warned against interpreting such orders in a way that further traumatizes the victim.
“Speedy trials must not come at the cost of the victim’s well-being, as if she were the aggressor. Sensitivity towards child victims of sexual violence is paramount for specially designated courts,” the Court emphasized.
The case is scheduled for further hearing on April 22.
Legal Representation:
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Advocates Neha Singh, Rahul Vats, Rahul Kumar, and Saurabh Singh appeared for the accused.
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Assistant Public Prosecutor Laksh Khanna represented the State.
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Advocate Bahuli Sharma appeared for the prosecutrix.
