Last Updated:
The court criticised the use of legal technicalities to free those guilty of grave sexual crimes, calling it a failure of the justice system
Supreme Court of India. (File image)
The Supreme Court on Monday restored the conviction of two men for the rape of a 12-year-old girl, overturning a Patna High Court ruling that had acquitted them.
A Bench of Justices Sanjay Kumar and Satish Chandra Sharma held that minor procedural errors cannot be used to dismiss strong and consistent victim testimony, especially in serious offences under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act, Bar and Bench reported.
Recommended Stories
The top court criticised the use of legal technicalities to free those guilty of grave sexual crimes, calling it a failure of the justice system.
“It is always a matter of utter failure for the system as a whole when a culprit, that too of a heinous sexual offence, manages to walk free by entangling the victim in misapplication of procedural rules, without the knowledge of the victim and without any control of the victim,” the Bench noted.
The case dates back to 2016, when a complaint was filed in Bihar’s Bhojpur district after the girl was found to be three months pregnant. She later revealed that she had been raped multiple times by the accused, who had threatened to kill her if she spoke out.
A trial court found both men guilty and sentenced them to life imprisonment. However, the Patna High Court later acquitted them, citing issues such as uncertainty over the victim’s exact age, errors in charge framing, and the joint trial of the accused under Section 223 of the Criminal Procedure Code.
Following this, the victim’s father approached the Supreme Court.
Rejecting the High Court’s findings, the apex court said minor inconsistencies in documents or testimony are natural and should not be treated as grounds for acquittal.
The judges also pointed out that courts must be mindful of the social and economic background of victims, especially in rural areas, where official records and documentation may not always be precise.
About the Author
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d…Read More
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d… Read More
Loading comments…
Read More
