Directions given to trial courts on cases of child abuse and protection to child witnesses #indianlaws

Trial Court must ensure the examination of the child witness by giving due protection to him and bring the child out of the pressure of the Petitioner/ Accused as well as of the father of the victim and even if need arises, should also consider cancellation of bail of the accused for the independent testimony of the child.

Quashing of FIR was sought registered under Section 377 of the Indian Penal Code by way of present petition. The victim in the instant case was aged about 12 years. The victim upon his medical examination was confirmed of being sexually assaulted by the Accused. The quashing was sought on the basis of compromise between the Petitioner and the father of the victim.

It was observed that a compromise entered into between the parties cannot be construed as a leading factor based on which lesser punishment can be awarded. In the offences like Rape, the consent given by the victim in compromising the case cannot always be seen as a genuine consent, there being every chance of victim having been pressurized by the convicts or the trauma under gone by the victim. The accused may use all his influence to pressurize the victim for a compromise. In the instant case the option of quashing was availed by way of compromise where victim was a minor child. It was held that the conduct of petitioner itself was an abuse of the process of law.

The Court observed that Child sexual abuse is one of the most pervasive social problems faced by the society. Its impact is profound because of the sheer frequency with which it occurs and because of the trauma brought to the lives of the children who have experienced this crime. Children who have suffered sexual abuse at the hands of the sexual perpetrators do not only suffer from physical pain but are also subjected to mental and emotional trauma. The parents of such victims have even a greater role to play in helping and aiding the child in overcoming the trauma. Offences, particularly sexual offences, against them should not be neglected or taken lightly.

It was accordingly directed that the Trial Court must ensure the examination of the child witness by giving due protection to him and bring the child out of the pressure of the Petitioner/ Accused as well as of the father of the victim and even if need arises, should also consider cancellation of bail for the independent testimony of the child.

The Delhi High Court accordingly further directed all the Criminal Courts to adopt all the reasonable precautions to ensure the true testimony of the child witnesses and to provide atmosphere and the circumstances to the effect that the child witnesses shall not be compelled by the circumstances, by the accused including the parents of the victim, from bringing truth before the Court. It was further directed to be ensured that the child witnesses must be examined in special court room meant for it and provide all the precautions available to the child victims under the Prevention of Children from Sexual Offences Act, 2012.

Ankush Kumar vs. State & Anr.

Delhi HC, 30.09.2015

Crl. M.C. No. 4046/2015