Do not try cases of rapes of minors in open court: Delhi HC

New Delhi, Oct 4 (PTI) The trial of cases involving minor
rape victims in open court has come in for severe criticism
by the Delhi High Court which has said that a friendly
atmosphere should be created for them in the guardianship of
their parents during recording of their evidence.

"The child victim (of rape) shall not be separated from
her parents/guardians on the ground of ascertaining the
voluntary nature of statement," the High Court said quoting
the guidelines issued by it in a previous judgment.

"No court shall detain a child in an institution meant
for the adults," Justice Gita Mittal said expressing anguish
that all these guidelines put in place were being ignored by
the trial court while dealing with cases of rape against
minors.

The court's observations came while setting aside the
conviction and seven year sentence of a rape accused.

The judge noted that the victim contradicted her
statements with regard to the place of occurrence of crime
because of inadvertence in the hearing process on the part of
the magistrate.

"The statement under section 164 of the CrPC was recorded
by the Magistrate during the course of investigation. It would
appear that individual sensibilities clouded the proceedings
resulting in a camouflage of the evidence so much so that
complete truth has not been brought out," Justice Mittal said.
PTI PNM