The court said that the amendments made in the rape law in 2013 after the December 16 gang-rape cannot be dismissed as it was an effort of several years
The Delhi High Court on Wednesday has said that justice cannot be denied to the victims of sexual offences for the lack of medical evidence and the woman's oral testimony was enough.
The observation was made by a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar while hearing the plea of academician Madhu Purnima Kishwar and two rape accused who have alleged that the amendments to the law relating to sexual offences was being abused in practice.
The court said that the amendments made in the rape law in 2013 after the December 16 gang-rape cannot be dismissed as it was an effort of several years.
The petitioners have challenged the amendment which widens the definition of rape to include those sexual offences in which it is difficult to obtain medical evidence.
It further urged the court to summon the records from the National Crimes Records Bureau, Tihar jail and the Centre to assess the profiling features of rape prosecution after the 2013 amendments thereby seeking a direction to reconsider the case in which a sentence of imprisonment has been passed after the amendments.
"In most of such cases, there is no medical evidence. Oral testimony of the victim is sufficient. Just because some false cases are filed, we cannot deny justice to real victims," the bench said.
The court provided time to the counsel of the Centre to file a response to the petition and listed the matter for further proceedings on October 23. It also allowed the Anti-Rape Coalition (ARC), which is a coalition of 17 women's groups and organisations to be a party in the case.
Appearing for ARC, its counsel Vrinda Grover opposed the petition saying that the amended laws include oral rape, digital rape and rape committed with objects and it has filled a long standing gap in the law.
AMENDMENTS
- The court said that the amendments made in the rape law in 2013 after the December 16 gang-rape cannot be dismissed as it was an effort of several years.
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