Need To Scrutinise Consent In Sexual Assault Cases, Says Delhi High Court
NDTV
The court said in cases of rape and sexual violence, conceptualisation of definition of "consent" is of utmost importance and the issue merits close scrutiny.
Complainants of sexual assault cases are entitled to a fair trial, but the responsibility of the criminal justice system towards protecting rights of the accused cannot be ignored, the Delhi High Court said on Tuesday while upholding an order discharging a man accused of raping a woman for 12 years.
The court said in cases of rape and sexual violence, conceptualisation of definition of "consent" is of utmost importance and the issue merits close scrutiny.
"The courts have to ensure that the right of fair trial to the complainant and rights of the accused of being protected from mala fide trial are taken care of in the court's crucial endeavour to ensure equality before law," Justice Swarana Kanta Sharma said in the order.
The court upheld a trial court's order of June 2018, discharging the man under Sections 376 (punishment for sexual assault) and 506 (punishment for criminal intimidation) of the Indian Penal Code.
