LawChakra

Delhi High Court: Delay in Rape Cases Prolongs Victims Suffering

The Delhi High Court emphasized the urgency of speeding up legal processes for rape victims, acknowledging the negative effects of delays on their welfare and the fair dispensation of justice.

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Delhi High Court: Delay in Rape Cases Prolongs Victims Suffering

DELHI: Recently, The Delhi High Court underscored the critical importance of expediting legal proceedings in cases involving rape victims. Justice Swarna Kanta Sharma highlighted the detrimental impact of unnecessary delays on the victims’ well-being and the overall delivery of justice.

Justice Sharma poignantly noted:

“In instances concerning rape victims, any unwarranted prolongation of the legal proceedings only serves to extend the victim’s anguish and hinder the timely dispensation of justice. The trauma endured by survivors of sexual assault is deep-seated and lasting, and every instance of waiting for justice only compounds their suffering.”

Furthermore, the Court remarked-

“It is unfair for the victim to suffer the consequences of any negligence or misconduct by the accused. The legal system must strike a balance between the rights and well-being of the victims and ensuring a fair trial for the accused. However, the accused must also be held accountable for any actions that indicate deliberate delay. By adhering to these principles, the legal system can fulfill its obligation to ensure a speedy and equitable judicial adjudication process.”

The matter of imposing costs by the trial court was also discussed, with Justice Sharma asserting that the imposed costs were warranted and served a purpose beyond mere financial punishment.

“Though the sum may appear excessive to the accused, it is meant to convey a distinct message that endeavors to prolong legal proceedings and trials through unwarranted delays will not be tolerated. Through the imposition of these costs, the Court seeks to discourage parties from employing tactics aimed at impeding or delaying justice,”

-elucidated the Court.

The Court called these delays the “silent enemy of truth and fairness” in the justice system. These delays, the Court argued, don’t just harm the fairness of trials but also make things harder for everyone involved, especially the victims.

“Therefore, the Courts levy costs as a deterrent against such conduct, ensuring the prompt and impartial dispensation of justice.”

-the Court said.

The case saw representation from Advocate Viney Sharma for the petitioner (accused), and

Additional Public Prosecutor Satish Sharma representing the State.

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