Mon. Sep 21st, 2020

Criminal Courts directed to take all possible measures to ensure that true testimony of child witnesses was recorded without undue pressure

2 min read

Delhi High Court:  While deciding a matter
relating to child abuse the court observed that, “child sexual abuse is one of
the most pervasive social problems faced by our society. Its impact is profound
because of the sheer frequency with which it occurs and because of the trauma
brought to the lives of the children who have experienced this crime.”

The matter dealt
with a petition to dismiss an FIR, registered on sexual abuse of a child, on
the ground that a ‘compromise’ had been reached between the parties. The
petitioner, Ankush Kumar, lured the 12 year old child, when the latter was
wandering in a park with a job offer, that of cleaning vehicles for Rs. 4,000 a
month. Later, he took the child to a secluded place and sexually assaulted him.

Refusing to
quash the FIR, the Court said “apparently, the petitioner (accused) is
using all possible weapons to pressurize and to win over the victim i.e. the
minor, to tamper with the evidence and to hamper the trial.” The single
judge bench held that “the case in hand is otherwise the petitioner’s wish to
use the provision of Section 482 of Cr.P.C. to cause injustice by way of putting
undue pressure upon the minor child to get rid of the due process of law which
is neither permitted by the Statute nor by the law laid down by the Hon’ble
Apex Court. The conduct of petitioner itself is an abuse of the process of law.
It would be pertinent to mention here that to achieve his covert object, the
petitioner also made the father of the minor child a party. The father of the
minor has been used to get procured the Memorandum of Understanding which is
not permissible under the law on behalf of the minor to digress from the
justice delivery system. The role of the petitioner is also condemnable and the
practice adopted in this case, needs to be curbed and warrants dismissal of the
present petition.” Terming child sexual abuse as an “epidemic”, the
court further directed the criminal courts to take all possible measures to
ensure that true testimony of child witnesses was recorded without undue
pressure. [Ankush Kumar v. State, , decided on 30.09.2015]
Source: Legal news India

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