FIRs in rape cases involving minors are not mere printed papers; rather, they reflect the profound trauma experienced by the victims: Delhi High Court

FIRs in rape cases involving minors are not mere printed papers; rather, they reflect the profound trauma experienced by the victims: Delhi High Court

Case: JASPREET KAUR v. STATE OF NCT OF DELHI

Coram: Justice Swarana Kanta Sharma

Case No.: CRL.M.C. 8770/2023

Court Observation: “This Court is also of the firm opinion that sensitivity is not a selective attribute applicable to certain cases or stages of trial; rather it is an inherent requirement for every judicial proceeding. Sensitivity has to be shown by the Courts at every stage of trial especially in a case of sexual assault of a minor,”

“The victim, as in the present case, had experienced a life changing traumatic experience and was under fear of her inappropriate filmed video of gang rape being made public and the trauma of being violated by one known and two unknown persons, to such an extent that she required medical help to recover from the mental trauma suffered by her,”

“The loss of evidence in such cases will result in loss of hope for getting justice, as the justice may, at times, primarily depend on such evidence. The date of incident is crucial in a criminal case and therefore, as discussed above, the evidence that the victim pleaded with the Trial Court to be preserved was as crucial as preserving the victim’s faith in judicial system,”

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Keywords

FIRs in rape cases involving minors, Delhi High Court