Requests By Victims Of Sexual Violence For Exemption To Appear Can't Be Treated At Par With Requests Of Hardened Criminals: Delhi HC

The Delhi High Court has observed that requests made by victims of sexual violence to exempt them from appearing in court cannot be treated at par with such requests of 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 etc, caused by nervousness and agony,” Justice Girish Kathpalia said.

“This is not something unexpected for which a trial court, that too the one specially constituted to deal with such offences, would venture into exercise of verification on the very first instance. Exemption requests of victims of sexual violence cannot be treated at par with such requests of hardened criminals,” the Court said.

The Court was dealing with bail pleas filed by two men accused in a POCSO case. It was alleged that the minor victim was administered intoxicating liquid and was later raped.

It was prayed by the prosecution that it would be appropriate if the bail applications be heard subsequent to the testimony of the prosecutrix since the accused persons resided in the same vicinity and may try to pressurize her.

However, the accused persons alleged that the prosecutrix was deliberately delaying the proceedings.

The Court noted that on March 18, the prosecutrix did not appear before the trial court despite service of summons, citing ill health. The trial court had then observed that since no medical document had been filed, illness of the prosecutrix was required to be verified.

The trial court had directed the Delhi Police to verify the medical condition of the victim and served fresh summons on her. Again, an application for exemption was filed by the victim citing ill health. Her counsel requested the trial court for ten days in order to enable her to step into the box.

Justice Kathpalia noted that the orders of the trial court raise serious issues of sensitivity expected from the courts specially constituted to deal with victims of sexual violence.

The Court said that while the predecessor bench had directed expeditious trial in view of incarceration of the accused persons, the same cannot be read in such a manner as to cause trauma on a victim, as if it is she who was the aggressor.

It added that sensitivity while dealing with children who are victims of sexual violence is the most important facet of such specially constituted courts.

“What is extremely appalling is that as disclosed by learned counsel of prosecutrix, on the night of 18.03.2025, a male constable went to the house of the prosecutrix, though the directions of the trial court were to the IO/SHO. In this regard, the concerned ACP shall submit a detailed report by the next date,” the Court said.

It also strongly deprecated that despite seriousness of the matter, neither the IO nor the SHO concerned bothered to appear before the Court.

The matter will now be heard on April 22.

Title: ASHLOK v. THE STATE GOVT. OF NCT OF DELHI and other connected matter

Citation: 2025 LiveLaw (Del) 362

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