NEW DELHI: The Delhi High Court has held that the FIRs in sexual offence cases involving minors are not mere printed papers but the trauma and stressful experience faced by a survivor and hence should not be dealt mechanically by courts.
Justice Swarana Kanta Sharma made the observation while reversing a trial court order which had rejected a minor survivor’s plea for preservation of CCTV footage and call data record of the accused on the ground of discrepancy in her statements with respect to the date of the alleged incident.
A concerned high court said that the survivor, who was allegedly being gang-raped by her brother-in-law and his two friends, was in a deep shock and also experiencing mental trauma as a result of which she was unable to recollect the correct date of the alleged incident. The HC also pointed out that the trial court should have exercised sensitivity and empathy in such a case.
“Courts must remain sensitive to the emotional and psychological state of such victims as they may struggle to provide precise details of the incident due to trauma,” the court said in its order. Coming to the rescue of the victim, the court ordered preservation of the relevant CCTV footage and the call records as the absence of such crucial evidence could result in her losing hope about getting justice.
“The FIRs in cases involving sexual assault and rape, committed upon minors, are not mere printed papers, but a trauma writ large, experienced by a living human being, which is difficult to be portrayed on a piece of paper... In cases of sexual assault of minor victims, such as the present one, the extreme stressful situation and life turning experience.’’
Survivor’s plea The high court made the observation while reversing a trial court order which had rejected a minor survivor’s plea for preservation of CCTV footage and call data record of the accused on the ground of discrepancy in her statements with respect to the date of the alleged incident.The survivor, who was allegedly being gang-raped by her brother-in-law and his two friends, was in a deep shock and also experiencing mental trauma as a result of which she was unable to recollect the correct date of the alleged incident.
