Supreme Court Guidelines

TRIAL OF RAPE CASES

Sakshi v. Union of India,
AIR 2004 SC 3566: (2004) 5 SCC 518

1. The provisions of sub-section (2) of section 327, Cr. P.C. shall, in addition to the offences mentioned in the sub-section, would also apply in inquiry or trial of offences under sections 354 and 377, I.P.C.

2. In holding trial of child sex abuse or rape:
(i) a screen or some such arrangements may be made where the victim or witnesses (who may be equally vulnerable like the vic­tim) do not see the body or face of the ac­cused;
(ii) the questions put in cross-examina­tion on behalf of the accused, insofar as they relate directly to the incident, should be given in writing to the Presiding Officer of the Court who may put them to the vic­tim or witnesses in a language which is clear and is not embarrassing;
(iii) the victim of child abuse or rape, while giving testimony in Court, should be allowed sufficient breaks as and when required.

The suggestions made by the petitioners will advance the cause of justice and are in the larger interest of society. The cases of child abuse and rape are increasing at alarming speed and appropriate legislation in this regard is, therefore, urgently required. We hope and trust that the Parliament will give serious attention to the points highlighted by the petitioner and make appropriate legislation with all the promptness which it deserves.

Source: M A Rashid, Supreme Court Guidelines and Precedents, Universal

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