Show ‘sensitivity’ to rape victims: Concerned HC tells lower courts
“Victim of such offence of rape is not merely an injured witness but she stands on higher pedestal than the injured witness, the reason being apart from physical harm, she also suffers psychological trauma,” Justice Badar observed.
The Bombay High Court recently held a rape victim does not only sustain physical injuries but also undergoes “psychological” trauma. The HC also voiced its concern over the approach of courts while dealing with rape cases and accordingly ruled that such cases must be dealt with sensitivity.
A single-judge bench of Justice Anant Badar dismissed an appeal filed by Balasaheb Kamble, convicted for committing rape of a minor girl. He had sought setting aside of the orders of the Sangli Court which sentenced him to 10 years rigorous imprisonment.
According to the case of the prosecution, the accused Kamble had requested the minor victim to help him with an address. The girl, who was studying in class four, had obliged to Kamble's request however that "help" turned out to be a nightmare for the girl. Accused Kamble on the pretext of seeking help, dragged the girl in a nearby sugarcane field and committed rape upon her.
A police complaint was lodged after which Kamble came to be arrested and identified by the victim girl in a test identitification parade. However, the advocate for Kamble trashed the identification evidence arguing the same was not helpful since it was totally dark in the field at time when Kamble committed the offence.
Having heard the submissions advanced before th court, Justice Badar said, "The entire case of the prosecution is premised on the testimony of the victim girl in question. While assessing evidence of the victim of the sexual offence, the court is expected to bear in mind human psychology and behaviour."
“Victim of such offence of rape is not merely an injured witness but she stands on higher pedestal than the injured witness, the reason being apart from physical harm, she also suffers psychological trauma,” Justice Badar observed.
Justice Badar further noted that courts these days are not dealing with such cases in a sensitive manner. “The court, therefore, shoulders a great responsibility while trying an accused of charge of rape. The Court is therefore, required to show utmost sensitivity to such type of offence by appreciating evidence on broader possibilities of the prosecution case,” Justice Badar held.
Having considered the material on record, Justice Badar noted that all other material adduced by the prosecution corroborated with the version of the victim girl and the court accordingly dismissed Kamble's appeal.