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‘Not providing required medical treatment to victim/survivor of sexual offence is a criminal offence.’
A mother is sought to be prosecuted for delay in reporting of sexual offences on a child by her own husband, despite the fact that the mother herself was allegedly subject to severe abuse, sexual and otherwise, in her matrimonial home.
The Court was confounded, and its conscience shaken by hearing the evasive and false replies of the Police Head Constable; his demeanour clearly indicated his interest in protecting the accused than the victim of the sexual assault.
The Court emphasised that in our conservative society, even on account of family enmity, the future and career of a girl is not jeopardised, and such is a strong circumstance in favour of the prosecution.
The Court held that ‘act of sexual penetration’ meant that one party must agree/ consent to engage in a particular act of sexual penetration with another, in light of Section 3 of the Sexual Offences Act.
On 15-04-2024, 2 Benches of the High Court passed the respective orders in the Belagavi disrobing incident of December 2023 which shook the conscience of the Court and Nation at large.
The High Court granted anticipatory bail to noted hockey player Varun Kumar stating that he cannot be termed as influential person merely because he is an award-winning National Hockey Player.
The report states that because of lack of allotment of fund, the payment could not be made to the victims/family members of the victim, till date.
Taking note of the procedure and trauma involved for sexual assault victims and their families, the High Court issued these directions to ensure timely detection of pregnancies and a proper counselling regarding the victim’s physical and mental health.
The Special Judge opined that the prosecutrix’s conduct of never disclosing anything about incident to anybody nor seeking anybody’s help during relevant period, cast a serious doubt on her version of events.
“Ironically, the concerned SHO in his report on one hand mentions that the petitioner’s behaviour is satisfactory, but in the same breadth, also mentions that he can have adverse impact on law, order and security in the area, without assigning any reasons.”
While considering matters involving sexual offences, a Court must be mindful that the incidents of sexual violence have adverse effects on the overall growth and development of the said human being, thus it is in the interest of justice and society at large that proceedings are handled with due care and precaution, especially when the Court is dealing with an application for releasing the accused on bail.
“Nothing has improved even after more than a decade of “Nirbhaya”. Women also have the right to life and liberty. They also have the right to be respected and treated as equal citizens. Their honour and dignity cannot be touched or violated”.
The Court stated that any interference under S. 482 of CrPC would be rendering approval of the accused-advocate’s depravity and will have a chilling effect on legal profession. Thus, the accused-advocate must come clean in a full-blown trial.
Kerala High Court started with a quote by — Mitch Albom which reads as “When you look into your mother’s eyes, you know that is the purest love you can find on this Earth.”
by Tanya Agarwal†
The Karnataka High Court while expressing its shock over unlikeliness of sexual abuse in open places, quashed the charges of sexual harassment and fraud against the petitioner
Karnataka High Court observed that consent of a woman on a promise to marry is always an enigma.
The Delhi High Court upheld the order of ACMM for extradition of a German national to the Government of Federal Republic of Germany to face trial for sexual offences against children under the German Criminal Code.