Courts required to ensure legal shield for kids in rape cases: HC

Tribune News Service

Saurabh Malik

Chandigarh, February 4

A girl child is in a “very vulnerable position” in our country, the Punjab and Haryana High Court today asserted after making it clear that the courts were required to ensure proper legal protection for children in rape cases. A Division Bench of the High Court also made it clear that a unique approach was required to be adopted while dealing with such matters.

The assertion by the Bench of Justice Ritu Bahri and Justice Ashok Kumar Verma came in an eight-year-old case of a 4-year-old girl’s rape. The matter was placed before the Bench after the accused filed an appeal against the judgment of conviction and life imprisonment order passed in October 2014 by the court of an Additional Sessions Judge.

Speaking for the Bench, Justice Verma asserted child rape cases were matters of “perverse lust for sex”, where even the innocent children were not spared in pursuit of sexual pleasure and there could not be anything more obscene than this.

Describing child rape as a crime against humanity, Justice Verma added many such matters were not even brought to light because of the social stigma attached to it. Referring to some surveys on the issue, Justice Verma added there had been a steep rise in child rape cases.

Justice Verma observed: “Children need special care and protection. In such cases, the responsibility on the shoulders of the courts is more onerous so as to provide proper legal protection to these children. Their physical and mental immobility call for such protection.”

Justice Verma added children were the natural resource and future of the country. “Hope of tomorrow rests on them. In our country, a girl child is in a very vulnerable position and one of the modes of her exploitation is rape, besides other mode of sexual abuse. These factors point towards a different approach required to be adopted,” Justice Verma added.

Dismissing the appeal in the matter after hearing the rival contentions and going through the evidence, the Bench asserted it was of the considered opinion that the impugned judgment of the Additional Sessions Judge did not call for any interference by the High Court.

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

Join Whatsapp Channel of The Tribune for latest updates.