Aishwarya Rathore –
Published On: October 1, 2021 at 12:20 IST
The Bombay High Court issued a stern warning to Trial Courts to ensure that the Dignity of a Rape Victim is safeguarded and that lines of questioning during cross-examination do not humiliate or annoy the Victim.
A Bench of Justices Sadhana Jadhav and Sarang Kotwal observed, “While it is true that the accused has a right to conduct cross-examination to prove his innocence but under Section 152 of the Indian Evidence Act, the Court is duty-bound to forbid any question which appeared to be intended to insult or annoy or which though proper in itself, appeared to the Court needlessly offensive in form.”
In its decision, the Bombay High Court urged the Trial Courts to invoke Sections 148, 151, and 152 of the Indian Evidence Act and stop such a line of cross-examination, as well as to remind the Victim that she cannot be compelled to answer the questions put to her by the defence counsel.
The Bench remarked this statement, in reference to several graphic details of an act committed on a Victim during cross-examination and the passive approach of the Trial Judge towards it.
The Court dismissed the appeals filed by three convicts who were sentenced to life imprisonment by a Sessions Court in Pune in a case involving the gang rape of a 25-year-old married lady.
While the High Court praised the Trial Judge for the manner in which the Trial was conducted, it disagreed with his decision to give the defence a free hand while cross-examining the Victim.
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