Bombay High Court pulled up an additional session judge for using slang and foul words disrespecting women while recording the statement of a rape survivor and also in the judgment.
“The trial court has used the words F***** and F******,” said a division bench of justices Ravindra Ghuge and BU Debadwar. “…we need to record our strong displeasure about the choice of a particular word, which has been repeatedly used by the learned Additional Sessions Judge, Kopargaon (Coram: Shri. S. V. Ranpise) while recording [the] testimony of the prosecutrix [rape survivor], the PW1 and testimony of the investigating officer, P.W.9 and also in the body of the judgment,” said the division bench of Justice Ravindra Ghuge and Justice BU Debadwar.
The bench observed the rape survivor was using the decent Marathi language to record her statement. However, the trial court kept on using the objectionable words while she was recording the English version of testimony and also in the verdict passed.
The observations were made while hearing a plea challenging the trial court order acquitting a 52-year old man who was accused of raping his brother’s daughter-in-law in March 2010. He was acquitted by the trial court in August 2012.
“It is important to record that if the prosecutrix has opposed a sexual intercourse by any person, her disinclination or her refusal will tantamount to the male counterpart offending her physically, and such intercourse committed against the will and the desire of the prosecutrix, would constitute an offence punishable under Section 376 [rape] of the Indian Penal Code,” noted the bench.
