The trial of cases involving minor rape victims in open court has come in for severe criticism by the Delhi High Court.
The trial of cases involving minor rape victims in open court has come in for severe criticism by the Delhi High Court which has said that a friendly atmosphere should be created for them in the guardianship of their parents during recording of their evidence.
"The child victim (of rape) shall not be separated from her parents/guardians on the ground of ascertaining the voluntary nature of statement," the High Court said quoting the guidelines issued by it in a previous judgment.
"No court shall detain a child in an institution meant for the adults," justice Gita Mittal said expressing anguish that all these guidelines put in place were being ignored by the trial court while dealing with cases of rape against minors.
The court's observations came while setting aside the conviction and seven year sentence of a rape accused.
The judge noted that the victim contradicted her statements with regard to the place of occurrence of crime because of inadvertence in the hearing process on the part of the magistrate.
"The statement under section 164 of the CrPC was recorded by the Magistrate during the course of investigation. It would
appear that individual sensibilities clouded the proceedings resulting in a camouflage of the evidence so much so that complete truth has not been brought out," Justice Mittal said.
Referring to the guidelines laid down by the High Court, the judgement said the statement of the victim has to be recorded at the earliest by the Magistrate and granting any adjournment avoided during the trial of the case.
"Despite the several pronouncements of the apex Court as well as the High Courts, it is to be noted that the trial courts have failed to comply with the same," the High Court said.
In a case of rape involving minor, the High Court also directed the police to comply with the court's earlier directions that it is ensured that the statement of victim is video recorded.
Among other directions, the High Court asked the police to register the FIR immediately after receiving a complaint and depute a woman officer to deal with the victim of a sexual crime.
"The officer recording the statement of the child victim should not be in police uniform," said Justice Mittal adding that the statement of the victim should be recorded without loss of time.
The court also asked the police to protect the identity of the child from publicity and investigate the case on a priority basis.
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