State of Maharashtra v. Bandu

Ratio Decidendi

There is a need to create a conducive environment to encourage vulnerable witnesses to make their statements. Screens or a similar arrangement must be made to ensure that they don’t see the face or body of the accused. Questions for cross examination must be given in writing to the presiding officer of the Court who will then phrase the same in appropriate language and ask the vulnerable witness. The survivor of child abuse or rape must be permitted sufficient breaks.
Special centres for examination of vulnerable witnesses must be set up in every district and a minimum of two such centres in the jurisdiction of every high court.

Case Notes

Facts

The survivor child aged 14 years with hearing, speaking and cognitive impairments was sexually assaulted by the accused person who was the landlord of her house and lured her away to the market using sweet meat. She did not return home until much later and informed her mother about the abuse using gestures. An FIR was registered. The trial court convicted the accused under S. 376. However, the High Court acquitted the accused on the ground that since the victim herself was not examined, the factum of rape and involvement of the accused could not be held to have been proved. The State appealed the order of acquittal from the High Court.

Judgment

The Court restored the conviction of the accused. The Court took note of the need to create conducive environments to encourage vulnerable witnesses to make their statements. In furtherance of this, the need for special centres for examination of vulnerable witnesses was noted. The Supreme Court took note of guidelines laid down in Sakshi v. Union of India and Ors.and Gurmit Singh. The court highlighted the need to set up one centre for vulnerable witnesses in every district of the country. The Court instructed all High Courts to take steps in this direction and ensure that their jurisdictions had at least two such centres in the next three months.