Rape victims must be heard before anticipatory bail proceedings against accused: Kerala High Court

Kerala high court law insider)

Anushka Mansharamani

The Kerala High Court while considering a plea filed by a rape survivor, held that the criminal courts must be sensitive while dealing with cases related to sexual violence.

The court further held that the victims must be heard before deciding the anticipatory bail pleas filed by the accused.

This observation was made by Justice Alexander Thomas while considering a plea against the anticipatory bail plea granted by a court in Kasaragod to the accused.

He observed, “there is judicial duty, emerging out of the principles of fairness, that the victims should be heard in all cases of anticipatory bail.”

The court further observed that there was a presence of under representation of women in responsible position in the prosecution machinery, investigating agency and judicial organs of the State too.

Therefore in cases related to sexual violence and other offences under the POCSO Act, the court observed that the victims must be heard.

The court also slammed the Additional Sessions Court judge for mechanically concluding the basis of the incident without proper investigation in the Kasaragod case and further directed the sessions court to consider the bail plea of the accused again.

Related Post