According to the Delhi High Court, having only a fear or concern from the victim is not a valid reason to transfer a rape case to either a special court designated for POCSO cases or a court presided over by a female judge. Justice Anish Dayal commented that such a move would set a precedent that would result in an overwhelming number of rape cases being transferred to these specific courts.
In a rape case filed by a woman, the Delhi High Court refused to transfer the case from a male judge’s court to a court presided over by a female judge. The court explained that simply having a subjective fear or concern from the petitioner is not a sufficient reason to transfer a case to a POCSO court, even if the offense does not involve the provisions of the POCSO Act. However, Justice Dayal emphasized that judges, regardless of gender, must handle such cases sensitively and follow the directives issued by the Supreme Court while dealing with cases related to women, children, or sexual offenses.
The Delhi High Court quoted the well-known saying, “Justice must not only be done, but must also be seen to be done,” in the context of a case filed by a victim whose photographs were allegedly misused on a pornographic website. The accused was arrested and his laptop was seized. During the trial court proceedings, when the case was listed for arguments on the charge, the woman requested the transfer of the case to a court presided over by a female judge.
The court denied the victim’s request, stating that after examining the applicable provisions, it found no “unyielding requirement” to have rape cases heard by a female judge. The court also agreed with the prosecution’s argument that the reasons cited by the victim did not fall within the conditions for transfer under Section 407 of the Criminal Procedure Code.
The court stated that while it is desirable to have rape cases heard by female judges for the betterment of justice administration, there are currently no administrative or judicial directives mandating such a transfer. The court added that ordering a transfer based on the victim’s request could lead to difficulties in the allocation and preservation of jurisdictions, thus creating hurdles in the administration of justice.
Source: https://www.livelaw.in/news-updates/delhi-high-court-mere-apprehension-victim-transfer-rape-cases-pocso-courts-woman-judge-225783