The Bombay High Court (Aurangabad Bench) recently expressed displeasure after it noted that, an Additional Sessions Judge (ASJ), used foul words and slang language, which very disrespectful to women when recorded the rape survivor’s testimony and in his judgment.
The Bench observed that the Trial Court used the words F*** and F****** and stated that such words were used in slang language and are disrespectful towards the woman. The Bench also noted that in the Marathi version of the testimony, the survivor used certain slang. Still, the Trial Court used objectionable words when the English version was recorded by it.
Before the High Court, the State challenged the judgement dated 14.08.12, which was delivered by ASJ (Kopargaon). The Court had acquitted the accused of charges punishable under Section 506 and 376 of IPC.
The prosecutrix had submitted that her cousin father in law committed rape on her.
Observations of the Court:
At the very starting, the Court expressed displeasure at the choice of words used by ASJ, Kopargaon in the judgment and recording the victim’s testimony.
Hon’ble Court observed that even though the prosecutrix stated that she suffered injuries due to broken bangles, there was no indication of such an injury in the medical report. No bangles were found at the spot.
The Court further observed that there were no semen stains on the body of the prosecutrix, and there were no injuries on her body.
The Court concluded that the prosecutrix has failed to convince the Court that the incident happened and the lack of injury on her body indicates the same. The Court referred to the State of Odisha vs Banabihari Mohapatra & Anr, wherein the Supreme Court held that even if suspicion was very strong, it could not replace substantive evidence.