SC Asks HCs To Set-up Special Centres For Examination Of Vulnerable Witnesses In Criminal Cases [Read Order]

In a landmark order the Supreme Court has directed the High Courts to set up special centres for examination of vulnerable witnesses in criminal cases.

The Bench of Justices AK Goel and UU Lalit held that setting up of one centre for vulnerable witnesses may be perhaps required almost in every district in the country. The bench directed that at least two such centres in the jurisdiction of each High Court may be set up within three months from the date of order.

The two Judge Bench was considering a Criminal Appeal filed by State of Maharashtra against the Judgment and order of acquittal of an accused in a rape case. The victim was a 14yr old deaf, dumb and mentally challenged (to some extend) girl.

The High Court held that since the victim herself was not examined, the factum of rape and involvement of the accused could not be held to have been proved.

The counsel for the State Nishant R. Katneshwarkar submitted that even though the victim may be the best witness to establish the charge of rape, having regard to the fact that the victim in the present case was deaf and dumb and mentally retarded, even in absence of her being examined as a witness, there was sufficient evidence warranting conviction of the accused.

Setting aside the Judgment of High Court, the Supreme Court held that the evidence of the mother of the victim clearly shows that it was the respondent-accused who took away the victim. The victim and the accused were seen together by another witness on the date of commission of offence. The victim immediately after the occurrence narrated the same to her mother as to what happened as reflected in the FIR and the version of the PW-1. Rape has been confirmed by medical evidence. Identity of accused is not in dispute. In these circumstances the trial court having convicted the respondent, the High Court was not justified in setting aside the conviction.

The Supreme Court restored the conviction of the Accused under Section 376 IPC and sentenced him to undergo rigorous imprisonment for seven years.

Vulnerable Witnesses

During the hearing the Amicus Curiae Ms. Shirin Khajuria suggested that there should be special centres for examination of vulnerable witnesses in criminal cases in the interest of conducive environment in Court so as to encourage a vulnerable victim to make a statement. She also suggested that the centres ought to be set up with all necessary safeguards.

She also submitted that Delhi High Court had issued guidelines for recording evidence of vulnerable witnesses in criminal matters and also the fact that four special centres have been set up at Delhi for the purpose.

The Bench observed that the directions of Delhi High Court and setting up of special centres for vulnerable witnesses are consistent with the decision of the Supreme Court in Sakshi v.Union of India and Ors (2004) 5 SCC 518 and supplement the same.

“We are of the view that all High Courts can adopt such guidelines if the same have not yet been adopted with such modifications as may be deemed necessary. Setting up of one centre for vulnerable witnesses may be perhaps required almost in every district in the country. All the High Courts may take appropriate steps in this direction in due course in phases. At least two such centres in the jurisdiction of each High Court may be set up within three months from today. Thereafter, more such centres may be set up as per decision of the High Courts”, said the bench.