High Court Refuses To Transfer Rape Case From Male To Female Judge. Here's Why
NDTV
The high court was hearing a case involving allegations of misuse of the complainant's photographs on a porn site following which the accused was arrested and his laptop seized.
The Delhi High Court has refused to transfer a rape case filed by a woman from a male to female judge, saying it will open floodgates where all such cases would be required to be shifted to special courts dealing with POCSO matters or presided over by a woman judicial officer.
The high court said mere apprehension of the petitioner, which can be subjective, cannot become a ground for transfer of cases to the Protection of Children from Sexual Offences (POCSO) courts even though the offence does not involve provisions of the POCSO Act.
Justice Anish Dayal said presiding officers, male or female, are expected to handle such cases in a sensitive manner having due regard to directions passed by the Supreme Court and the high court while dealing with matters involving women or children or sexual offences.
"In this context, it may be appropriate to remind ourselves of the famous aphorism: 'Justice must not only be done, but must also be seen to be done'," the high court said.
