HC asks UT to protect identity of rape victim

The victim was summoned by the trial court on April 28. But the police had taken no measures to protect her identity.

A Division Bench comprising Justice Surya Kant and Justice Augustine George Masih on Wednesday disposed of an application moved by additional amicus curiae Tanu Bedi regarding the matter.

Bedi had expressed strong objection to producing the rape victim in the district courts “like any other girl”. Bedi apprised the Bench that the victim’s face was not covered and took a dig at the prosecution for not doing its “homework”.

“Unfortunately,no home work was done by the prosecution. The kind of questions asked by the prosecution demonstrated that they were not well prepared. They brought her just like any other girl. She was not muffled (sic). She became an object of curiosity and no precaution was taken to secure her identity,” Bedi said.

Justice Kant observed that “it is a very serious issue”. But the Bench made it clear that it does not want to pass any orders,which shall prejudice the trial court.

Senior standing counsel for the Administration,advocate Sanjay Kaushal,on the other hand,assured that all “earnest efforts” would be taken to save the victim from public gaze.

Victim to be assisted by Ashreya attendant in trial court

In an another significant decision,the High Court,with the consent of the Administration,has asked the prosecution to move an application before the trial court,seeking permission to appoint a female employee of Ashreya to stand with her and assist the court in understanding her correct deposition. The victim is a resident of Ashreya,Sector 47.

The directions were passed on an application submitted by Bedi,stating that the victim’s “cognitive capacity is retarded”.

“At times,the words uttered by her are not clearly understandable by a person who is not well acquainted and has not interacted enough (with her),” the application stated.

The HC has asked the trial court to decide the application within five working days,before the victim’s cross-examination.

“(The) true version/deposition of (the) victim needs to be correctly understood by everyone,including the Presiding Officer (trial court judge),prosecution and defence,” the Bench observed in its order.

Kaushal,meanwhile,has instructed the prosecution to file the said application on Thursday.