Mere apprehension of victim no ground to transfer rape case from male judge: Delhi HC
The Delhi High Court in the case MS. M Prosecutrix v. State Of NCT Delhi And Ors observed and has stated that the mere apprehension of a victim may not be a ground for transferring of a rape case to special courts which are being designated in order to deal with POCSO cases or those which are being presided by a woman judge.
The bench headed by Justice Anish Dayal in the case observed that such kind of situation would create a precedent and that the same would be open floodgates wherein all the rape cases would be required to be transferred to the woman judges or are to be transferred to the special Prevention Of Children From Sexual Offences Courts.
The court stated while refusing to transfer a rape case being filed by a woman judge’s court from the court which is presided over by a male judicial officer.
Adding to it, the bench of Justice Dayal stated that it is being expected that the judges, whether being male or female, must handle such cases in a very sensitive manner, with regards to the directions as well as those which are being passed by the Supreme Court while dealing with such cases which involves women or children or sexual offences.
Further, the court stated that mere apprehension of the petitioner (which may be subjective) cannot be a ground for transfering of cases to POCSO courts even though that the said offence does not even involve provisions of POCSO Act
The court stated while reminding the famous aphorism that Justice must not only be sone but it also be seen to be done.
In the present case, the case was filed by the victim, the photographs of whom were allegedly being misused on a porn site.
The court seized the laptop accused and was arrested on 11.11.2020.
Further, the woman moved High Court wherein seeking to transfer the case to a court presided over by a woman judge, while listing the matter before the trial court for arguments on charge.
The said court also supported the submission made by the prosecution on the grounds stated by the victim as it did not come within the purview of the conditions for transfer under section 407 of Code of Criminal Procedure.
In the case, the court observed and has stated that at this stage when no such directions have been passed on the administrative side or judicial side for the carte blanche mandate, thus, the said transfer can potentially create difficulties in administration of justice, allocation and also for the preservation of jurisdictions.