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    Intern at Ubadvocate Email-Ra Jkumarmeena 352080612

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    Rajkumar
    (1) Kanchan, a rape victim, has been summoned to appear in court as a witness and is nervous about testifying and having her identity revealed. (2) Her statement will be recorded by a female magistrate privately to protect her privacy and dignity, and this statement can be used as evidence during the trial instead of her testifying. (3) She has rights to a speedy trial with dignity and protection, and her identity and sexual history cannot be questioned to humiliate her.

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    Intern at Ubadvocate Email-Ra Jkumarmeena 352080612

    Uploaded by

    Rajkumar
    162 views2 pages
    (1) Kanchan, a rape victim, has been summoned to appear in court as a witness and is nervous about testifying and having her identity revealed. (2) Her statement will be recorded by a female magistrate privately to protect her privacy and dignity, and this statement can be used as evidence during the trial instead of her testifying. (3) She has rights to a speedy trial with dignity and protection, and her identity and sexual history cannot be questioned to humiliate her.

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    (1) Kanchan, a rape victim, has been summoned to appear in court as a witness and is nervous about testifying and having her identity revealed. (2) Her statement will be recorded by a female magistrate privately to protect her privacy and dignity, and this statement can be used as evidence during the trial instead of her testifying. (3) She has rights to a speedy trial with dignity and protection, and her identity and sexual history cannot be questioned to humiliate her.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    162 views2 pages

    Intern at Ubadvocate Email-Ra Jkumarmeena 352080612

    Uploaded by

    Rajkumar
    (1) Kanchan, a rape victim, has been summoned to appear in court as a witness and is nervous about testifying and having her identity revealed. (2) Her statement will be recorded by a female magistrate privately to protect her privacy and dignity, and this statement can be used as evidence during the trial instead of her testifying. (3) She has rights to a speedy trial with dignity and protection, and her identity and sexual history cannot be questioned to humiliate her.

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    <RAJKUMAR MEENA>

    Intern at ubAdvocate
    Email- rajkumarmeena@
    rgnul.ac.in
    Contact- 9352080612
    Private and Confidential

    To, Miss Kanchan


    XYZ Street,
    ABC.

    Dear Kanchan,
    In response to your request, here is the opinion. The facts, provided by you are as follows:-
    Kanchan a rape victim has been summoned to appear in the court to depose as a witness in
    support of the prosecution case filed on her complaint. She is nervous and is in double mind. She
    is very much conscious of her identity being known to the world.

    Before discussing your rights during trial. You should know that your statement will be recorded
    in presence of the magistrate as per section 164 of the Code of Criminal Procedure. Your
    statement will be recorded in presence of the lady magistrate in her chamber only. The purpose
    of this is that the police cannot twist the facts of the statement. You should also note that this
    statement will act as corroborative evidence. It is done to protect the privacy and dignity of the
    victim. You don’t have to provide the facts during the trial; your statement recorded under
    section 164 of the Code of Criminal Procedure will act as corroborative evidence during the trial.

    You should note that you have a right to trial with dignity, speed, and protection. Section 26(a)
    of the Code of Criminal Procedure provides that the trial shall be tried as far as practicable by a
    court preceded by a woman. You will not be asked any question which can result in character
    assassination. You will not be asked a question relating to your sexual relationships in past.
    Section 53A of the Indian Evidence Act states that evidence of character or previous sexual
    experience is not relevant in certain cases.

    You should also note that Section 327(2) of the Code of Criminal Procedure states that the trial
    of rape shall be conducted in camera. Also if any person who wants to access the proceedings
    will have to seek permission from the judge in writing. You need not to worry about publications
    of the proceedings as the proceedings are subject to maintaining the confidentiality of the name
    and address of the parties. You also have a right to speedy trial. The police investigation shall be
    completed within two months from the date on which information was recorded as per section
    173(1A) of the Code of Criminal Procedure and the trial shall also be completed in two months
    from the date of filing of the charge sheet as per section 309(1) of the Code of Criminal
    Procedure.

    Court Rulings-

    The Hon’ble Supreme Court in the case of State of Kerala v. Rasheed (2019) held that the rape
    victim will be ensured with full protection. Police will escort you to the court and escort you
    back to your residence. In the courtroom, you will be kept in a different waiting room so that you
    and the concerned witness cannot confront the accused. The Hon’ble SC also held that the
    evidence will be recorded through electronic-video linkage. The victims have a right to give the
    statement from behind the translucent glass. Also if the advocate on behalf of the accused wants
    to ask you any question then he must write the question on a piece of paper and hand it over to
    the judge who will then ask you questions keeping in mind your dignity and honor.

    In the case of Mahendra Chawla v. UOI (2018), the Hon’ble SC gave detailed guidelines as on
    witness protection as per which if any witness doesn’t want to disclose his/her identity then he
    will be given a different identity along with that if there is a threat to you and any of the
    witnesses then the police will protect you both and if the threat is continuous then the police shall
    relocate you and the witnesses.

    To sum up, there is no need to worry. The trial will be conducted with full dignity, speed, and
    full protection. Your identity will remain confidential and you need not worry about your
    identity being made known to the public.

    One thing: the foregoing opinion is based on the Youtube video


    https://www.youtube.com/watch?v=3FPB3eL1Npg of Jeevan Prakash, AOR, Supreme Court.

    Regards,

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