Lawstreet Journal

'Dignity of Rape Victim Must Be Upheld, Judge's Duty to Forbid Scandalous Questions in Cross Examination': Bombay High Court

Lawstreet Journal 4 Oct 2021 9:21pm

Image courtesy: Lawstreet Journal Judiciary 'Dignity of Rape Victim Must Be Upheld, Judge's Duty to Forbid Scandalous Questions in Cross Examination': Bombay High Court

The Bombay High Court has upheld an order of the Pune sessions court passed in 2011 convicting and sentencing three men to life imprisonment in a gang-rape case, but made critical comments against defence lawyers and the judge in the case.

In an order passed on September 28, a divisional bench of Justices Sadhana Jadhav and Sarang Kotwal, while upholding the conviction and life term, made some strong observations on the conduct of defence lawyers and the judge in the case, particularly during the cross-examination of the victim. 

“Under the garb of giving suggestions, graphic details of the act were put to the witness,” the Court stated in disapproval. Pertinently, the Bench expressed its unhappiness on the trial decision “passive approach” in permitting such questions.

The HC said in the present case, the sessions judge "failed in his duty" to protect the dignity of the victim, an MBA graduate who was gang-raped in the Hinjewadi area of Pune.

While the High Court bench appreciated the trial judge for the way the trial was conducted otherwise, it did not agree with the free hand to the defence while cross-examining the victim.

The High Court noted Section 152 of the Indian Evidence Act, to emphasize that the trial courtroom docket changed into an obligation to forbid any questions which seemed to be insulting or annoying. 

"While it is true that the accused has a right to conduct cross-examination to prove his innocence but these suggestions can by no stretch of imagination… Continue Reading...


Tagged: Rape   Nirbhaya' gang rape  
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