Jahanvi Agarwal
The Delhi High Court emphasized that First Information Reports (FIRs) related to sexual assault and rape of minors carry profound emotional distress and therefore should not be handled mechanically by the courts.
The court, led by Justice Swarana Kanta Sharma, overturned a trial court’s decision that denied a minor rape victim’s request to preserve CCTV footage and call data records of the accused due to discrepancies in her statements about the incident.
The 16-year-old victim, allegedly gang-raped by her brother-in-law and his friends, faced mental trauma, impacting her ability to recall specific details immediately after the incident. Justice Sharma highlighted the need for sensitivity and empathy from the trial court, considering the victim’s mental state.
The court noted that the victim, undergoing treatment at the Institute of Human Behaviour and Allied Sciences (IHBAS), provided accurate details to the police once her mental health improved. Criticizing the trial court’s decision, the High Court emphasized that FIRs in cases involving sexual assault on minors represent more than printed documents; they reflect the profound trauma experienced by a living individual, and courts should approach such cases with understanding rather than a mechanical mindset.
The High Court particularly criticized the trial court’s refusal to preserve crucial evidence like CCTV footage and call detail records based solely on a discrepancy in the victim’s initial complaint regarding the incident’s date.
The court concluded that“The loss of evidence in such cases will result in the loss of hope for getting justice, as justice may, at times, primarily depend on such evidence. The date of the incident is crucial in a criminal case, and therefore, as discussed above, the evidence that the victim pleaded with the Trial Court to be preserved was as crucial as preserving the victim’s faith in the judicial system.”