High Court said- Judge should be sensitive and alert while hearing: The court acquitted the accused in a 15-year-old case of sexual harassment of a minor

New Delhi7 minutes ago

  • copy link

The counselor was examined as a witness in the court, due to which the information about the confidential report of the girl child came out.

The Delhi High Court told judges that there is a need to have a sensitive heart and an alert mind while recording statements of witnesses and hearing cases of sexual abuse of children. Justice Swarna Kanta Sharma said, the state government and administration can provide necessary and modern infrastructure to the court, but cannot give a sensitive heart to the judge.

The judge himself has to develop a sensitive heart, so that the mind is alert while recording the statement during sexual assault. Due to this, the case could not be diverted in one direction. He said this while setting aside the trial court’s decision in a 15-year-old sexual harassment case.

In fact, the trial court convicted a person named Sanjeev Kumar in the case of rape of a minor girl and sentenced him to 10 years. After which the accused appealed in the High Court regarding the case.

Understand the whole matter of the rape case of a minor girl…
The lawyers of the minor girl told the court that on April 24, 2008, the victim had come with her parents from Mehdipur Balaji in Rajasthan to Nangli Puna in Delhi to visit the Hanuman temple. During this her parents went to the temple for darshan and she was guarding the goods outside the temple.

Meanwhile, two people in the car came there and the car driver pulled him inside the car. The appellant Sanjay and another person were alleged to have raped a 12 year old minor girl and left her outside the temple after two hours. On the complaint of the minor girl’s father, the police registered a case and arrested Sanjeev and Naresh.

The trial court sentenced him to 10 years in the year 2010.
After this the matter reached the trial court. In September 2010, on the basis of the statement of the Victim, the court convicted Sanjeev and Naresh under other sections including kidnapping and rape. Both were sentenced to 10 years rigorous imprisonment, after which Sanjeev challenged the verdict in the High Court.

Sanjeev died in May 2021, wife continued the hearing
Sanjeev died on 15 May 2021, but his wife kept fighting the case. Justice Swarna Kanta Sharma’s bench, in a hearing held on May 1, 2023, found that the counselor who had counseled the 12-year-old girl during the case, was questioned by the defense as a witness, from which the confidential report related to the girl’s counseling came into the public domain. In the confidential report, the victim had mentioned being sexually abused by her father. Along with this, the Victim had given different statements regarding the rape.

The court said that we can feel the restlessness of a 12-year-old girl, which she must be feeling in front of her father. Also, there was pressure on the girl to be beaten, due to which she had earlier spoken about being exploited by the accused. The court further said that the evidence given by the counsel for the minor girl against Sanjeev was not sufficient to convict him. Hence he is acquitted.

You can also read these news related to the decision of the court.

Order to remove father’s name from son’s passport, HC verdict on mother’s plea

Delhi High Court orders removal of minor son’s father’s name from passport. The child’s mother had filed a petition in the court regarding this. The mother had told the court that the child’s father had abandoned her before birth. She has raised the child alone as a single mother. Read full news…

SC will approve divorce if there is no scope for reconciliation; Husband and wife will not have to wait for 6 months

The Constitutional Bench of the Supreme Court gave an important decision regarding divorce. The court has said that if the husband-wife relationship has broken down and there is no scope for reconciliation, it can grant divorce under Article 142 of the Constitution of India without referring it to the family court. For this, waiting of 6 months will not be mandatory. Read full news…

There is more news…