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The Supreme Court was of the opinion that the Rajasthan High Court seemed to have been primarily swayed by the delay in filing the complaint i.e. 13 months for granting bail in favour of the accused, without considering other important facts.
Supreme Court noted that there are multiple FIRs that have been registered over a period, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged.
“Justice can be said to have been approximated only when the victims are brought back to society, made to feel secure, their worth and dignity, restored. Without this, justice is an empty phrase, an illusion.”
Madras High Court said there are instances where a minor and their guardian may not be interested in proceeding further with the case and entangle themselves in a legal process. In such instances, termination of pregnancy can be made without the disclosure of the name of the minor.
“The Trial Court has rightly convicted the accused and we do not find any illegality in the impugned judgment of conviction and therefore, the same deserves to be upheld.”
The Trial Court observed that the victim was very young at the time of the incident and minor contradictions could not be a ground to disbelieve her testimony.”
“The delay in lodging FIR in cases of child rape should be taken with much sensitivity and the Courts concerned must judiciously weigh all the surrounding factors which led to such delay as discarding the otherwise meritorious case of the victim merely because there was failure to knock at the portals of justice in a time-bound manner would mean nothing but adding a pinch of salt to the victim’s injury.”
It is very unfortunate that now a days, in maximum cases the women are using false rape FIRs as a weapon just to grab money from State, which should be stopped.
“The counsel for the respondent was directed to take all necessary measures to protect the identity and right to privacy of the girl child and that the media acts in compliance with Section 23 of Protection of Children from Sexual Offences Act, 2012.”
Bombay High Court observed that the appellant was aged 46 when the offence was committed and it has come in the evidence that he was residing with his wife and children. Still, he has ravished a small child aged six years and, therefore, no leniency can be shown against him.
If consensual relationship cases are segregated from the pending cases, it will be easy to deal with them and in appropriate cases, the Court can also exercise its jurisdiction and quash the proceedings, if the proceedings are ultimately going to be against the interest and future of the children involved in those cases and it is found to be an abuse of process of Court.
Supreme Court also considered the fact that the inter-faith couple had jointly approached the High Court seeking police protection.
During a certain phase when the alleged forceful sexual intercourse was committed, the student was a minor.
Justice Bela M. Trivedi, who was appointed as a Supreme Court Judge in 2021, is the first woman Judge from Gujarat High Court to be elevated to the Supreme Court and a Limca Book of Records holder.
The Court directs that the petitioner should be released on bail after noting the FSL report which shows that the DNA of the unborn child of the prosecutrix did not match with the accused.
Allahabad High Court said that any statement of a rape victim is an extremely humiliating experience for a woman, and until she is a victim of sex crime, she would not blame anyone but the real culprit.
“It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding stepping into the witness box.”
Delhi High Court observed that it cannot lose sight of the fact that alleged offence was committed with a child victim of tender age who got frightened by the threats extended to him by the accused as well as by the alleged act of the accused and it is not expected that a child of such a tender age would behave like an adult by raising the alarm promptly.
After an active tenure of 4.5 years at the Supreme Court, which includes authoring of nearly 700+ decisions, Justice Mukeshkumar Rasikbhai Shah retires today.