#rape Archives - Page 4 of 4

Case Title: Babu Lal Bhawariya v. State of NCT Delhi

Date of decision: 19th June 2023

CORAM: HON’BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

+ BAIL APPLN. 3093/2022 and CRL.M.A. No. 3550/2023

Introduction

The High Court of Delhi has denied bail to an instructor suspected of continually assaulting a minor learner and attempting to make a viral video of the incident. The defendant has been charged under section 376 of the Indian Penal Code and section 6 of the legislation known as the Protection of Children from Sexual Offences Act of 2012.

“The court is unable to disregard the evidence showing that the petitioner and prosecutrix had contact as a teacher and student,” Justice Anup Jairam Bhambhani stated in the order. The court stated that there appears to be significant forensic evidence against the petitioner, such as the forensic report stating that the petitioner’s DNA matches the DNA discovered on certain exhibits pertaining to the prosecutrix that were collected during the investigation.

Facts of the Case

“Taking into account that the meeting between the complainant and the prosecutrix was only meant to have been between an instructor and a student, it is unclear why the DNA matches,” the court said.

According to the prosecution, on April 20, 2021, the accused teacher requested the prosecutrix to come to see him at the Rithala Metro Station under the pretence of providing her with exam notes. Upon meeting the prosecutor, he allegedly told her he needed to give her additional documents that were at his residence.

It is alleged that at his residence, the teacher offered the prosecutor water and refreshments, after which she collapsed and he engaged in sexual contact against her against her will. When the prosecutor regained consciousness, she allegedly presented her with an objectionable video recording of the incident and threatened to make the video viral if she told anyone about it. According to the prosecution, while threatening to make the objectionable video go viral, the teacher engaged in sexual activity with the prosecutor approximately four times at his residence and seven times in hotels.

According to the prosecutrix’s Class-II School Leaving Certificate and Class-X Mark Sheet, which were lodged alongside the chargesheet, the prosecutrix was “minor” at the time of the commission of some of the alleged sexual assaults. It was asserted that the prosecutrix reached the age of majority in January 2022, and that the petitioner continued to engage in sexual acts with her afterward. After the alleged last incident in June 2022, a complaint was submitted with the police and a FIR was registered.

Courts analysis and Decision

The court stated that the prosecutor’s statement recorded pursuant to section 164 of the Criminal Procedure Code supports the prosecution’s case, and the court has no reason to disbelieve the statement. Justice Bhambhani added, “It is also part of the record, but has not yet been proven by evidence, that the petitioner paid for the hotel room and checked into the hotel with the prosecutrix using a false ID.

“In light of the facts of the case, particularly the petitioner’s relative social standing vis-à-vis the prosecutor and the societal milieu, this court cannot be certain that the petitioner would not influence witnesses, flee justice, or otherwise attempt to prejudice the trial of the case if he is released on bail,” the court stated.

Judgment- click here to review the judgment

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Written by- Anushka Satwani

Title: MINOR VICTIM-V v. THE STATE & ANR + W.P.(CRL) 1753/2023, CRL. M.A. 16385/2023

CORAM: HON’BLE MR. JUSTICE JASMEET SINGH

O R D E R DATED: 12.06.2023

Introduction

On Monday, the Delhi High Court upheld the right of a 13-year-old rape victim to have a medical abortion even though her unborn child was between 24 and 26 weeks along. The compensation to be awarded to the youngster was also investigated by the Delhi State Legal Services Authority at the direction of a vacation bench presided over by Justice Jasmeet Singh.

Facts of the Case

The minor’s petition for a medical termination of her pregnancy was reviewed by a medical board consisting of at least two doctors from Guru Tegh Bahadur Hospital on June 9.

Since the medical advisory board has determined that the mother and the unborn child are at greater risk if the pregnancy continues, the doctors at Guru Teg Bahadur Hospital have been instructed to perform an abortion as soon as possible. A minor’s petition to the court for permission to have a medical abortion filed by her father was granted. The 13-year-old girl went to her grandmother’s house, when a renter from the same neighbourhood assaulted her, according to a status report filed with the Delhi Police.

The teen travelled back to her home in Bhopal, where she became ill and was then taken to the hospital by her parents, where she gave birth to a baby boy. A zero-digit FIR was filed, and on May 30, the girl was evaluated by doctors at a government hospital and confirmed to be between 24 and 28 weeks pregnant. The minor’s statement was recorded per section 164 of the Code of Criminal Procedure, and the court was made aware of this.

Courts Analysis and Decision

The petition is approved and disposed with, and the court has directed that the DSLSA investigate the victim’s compensation. Furthermore, the court ordered the medical staff to provide the pregnant child victim with the highest standard of treatment, which includes post-operative care, to guarantee a full recovery before she is released from the hospital.

Additionally, the court ordered that the medical staff and the hospital make sure that the patient and the mother receive constant counselling and are informed of the hazards. From the time of the victim’s hospital admittance till the time of her release, Justice Singh ordered a female police officer to remain in the hospital room with her and her daughter.

Given the foetus’s advanced age, GTB Hospital’s Neonatal Intensive Care Unit (NICU) would be well equipped to care for a live birth. If such a facility is unavailable, the hospital is responsible for arranging the transfer of the foetus to another facility, which includes arranging for transportation. This is the responsibility of the Medical Superintendent of the relevant hospital.

It went on to say, “In any other circumstance, it is directed that the medical facility must safeguard the terminal foetus for the sole purpose of DNA testing which would be required in reference to the criminal case who has been lodged.” Following any instructions issued by the applicable criminal court, the terminal foetus and any DNA samples taken from it must be preserved in conformity with the law.

Judgment- click here to review the judgment

Written by- Anushka Satwani

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The Delhi High Court declines the bail request of an educator alleged of raping the student he was teaching.

The Delhi High Court has ordered the DSLSA to investigate the grant of compensation to a 13-year-old rape victim and has authorized the teen to have a medical termination of her pregnancy.