Sikkim HC: The Pocso court should not allow questions in cross examination relating to character of prosecutrix

 What is preposterous about the cross-examination of P.Ws 7 and 8 is that the Court has allowed such a question to be asked to the witnesses, of which the response is recorded as, “It is true that I am not well acquainted with the character of the victim.” The Court has to bear in mind that the victim is a mere child of 11 years and there is no question of analysing her character, she being an innocent victim of a depraved and horrendous crime by the Appellant, even otherwise, it is now settled law that the character assassination of a victim finds no place in offences of rape. Section 33 of the POCSO Act specifically lays down that the questions to the victim shall be put through the Court which shall not permit aggressive questioning or character assassination of the child. Courts dealing with such matter are required to be sensitive and should prevent further traumatisation of the victim who have already suffered emotional upheavals and physical torment. {Para 11}

 In the High Court of Sikkim at Gangtok

(Before Meenakshi Madan Rai, J.)

Nar Bahadur Subba. Vs State of Sikkim 

Crl.A. No. 32 of 2015

Decided on October 7, 2016.

Citation: 2016 SCC OnLine Sikk 185 : 2017 Cri LJ (NOC 288) 86.

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Relevance of character of prosecutrix for grant of bail to accused

Once the prosecutrix knew that the petitioner is a married
man, it was for her to restrain herself and not indulge in intimate activities.
No doubt, it is the responsibility, moral and ethical both, on the part of man
not to exploit any woman by compelling or inducing her for sexual
relationship. But then it is ultimately the woman herself who is the
protector of her own body and therefore, her prime responsibility to ensure
that in the relationship, protects her own dignity and modesty. A woman is
not expected to throw herself to a man and indulge him promiscuity thereby
becoming a source of hilarity. It is for her to maintain her purity, chastity
and virtues.
On the basis of records, it cannot be said that petitioner
would in any manner interfere with the trial of the case and it is not even
the allegation of the prosecution that petitioner would flee from justice. In
such eventuality, it is otherwise open to the prosecution to approach this
Court for cancellation of bail.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.M.P.(M) No. 1144 of 2015.
 Date of decision: 6.8.2015
Sh. Baldev Raj 
V
State of Himachal Pradesh
Coram
 Mr. Justice Tarlok Singh Chauhan, Judge.

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Whether anticipatory bail can be granted to accused considering conduct and character of prosecutrix ?

 So far the arguments of the applicant's counsel regarding conduct of the prosecutrix is concerned, in view of the settled proposition the conduct or the character of the prosecutrix could not be the criteria to grant the bail or anticipatory bail to the accused. Even otherwise for the shake of argument if it is deemed that the conduct and character of the prosecutrix was not good or suspicious or she is having the bad conduct even then any person like the applicant has no authority or right to commit the sexual act on her without her consent. The arrest of the prosecutrix in other case registered at the instance of said Garima, could not be a ground to extend the benefit of anticipatory bail to the applicant. The matrimonial dispute of the prosecutrix with her husband also could not be taken into consideration for extending the benefit of the anticipatory bail to the applicant.

Madhya Pradesh High Court

Kirti Martin vs The State Of Madhya Pradesh ... on 22 April, 2014

                                          

HIGH COURT OF MADHYA PRADESH JUDICATOR AT JABALPUR
              MISC. CRIMINAL CASE NO.2394/14.

                    Citation;2014 CRLJ3681 MP                

(Passed on 22.04.2014) Per U. C. Maheshwari J.

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