The Delhi High Court has implored judges to have a “sensitive heart” and an “alert mind” while dealing with sexual assault cases so that the trial does not go in an unconnected direction and no further trauma or humiliation is caused to the victim. Justice Swarana Kanta Sharma said the State can provide the necessary and modern infrastructure, including vulnerable witness deposition complexes, but it cannot generate a sensitive heart of a judge.
The court’s observation came on an appeal by an accused against a trial court order sentencing him for 10 years for several offences under the Indian Penal Code, including rape, in 2010.
The appellant accused passed away in 2021 and the appeal was continued by his wife. The court, in a recent order, discharged the accused on account of “several material inconsistencies and contradictions” in the statement of the victim while taking note of “certain disturbing crucial issues” in relation to the examination of the victim, a minor at that time.