Tuesday 22 March 2022

Whether the court can compel victim of sexual offence to reproduce minute details of sexual offence?

 A Division Bench of this Court following the said judgment of the Apex Court in DOULA v. THE STATECriminal Appeal No.100260/2016 decided on 22-07-2020  has held as follows:

“45. To constitute the offence of either rape

under Section 375 of IPC or penetrative sexual assault

as defined under Section 5 of the POCSO Act, the victim

is not required to explain in detail before the court, the

horrifying act. Sexual violence is not only a

dehumanising act but also intrudes into the victim’s

right of privacy and sanctity. Expecting the victim to

explain step by step as to how the accused violated her,

degrades and humiliates her. Where the victim is a

helpless child or a minor, it leaves behind a traumatic

experience. The courts must be sensitive towards the

plight of the victim of such offence. Under the guise of

eliciting evidence, she cannot be compelled to reproduce

minute details of the horrendous act.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

CRIMINAL PETITION No.8167/2020


STATE OF KARNATAKA, Vs  SOMANNA, S/O DODDA SHETTY,

BEFORE

 MR. JUSTICE M. NAGAPRASANNA

DATED THIS THE 3RD DAY OF MARCH, 2022

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