A 29-YEAR-OLD alleged rape victim in Mohali has sought transfer of her case from a male judge to a woman judge,citing Section 26 of the Criminal Procedure Code (CrPC),a clause which states that offences such as rape should be tried as far as practicable by a court presided over by a woman.
The case is currently being tried in the court of Additional District and Sessions Judge Dilbagh Singh Johal. During the hearing on Thursday,the complainant refused to either get cross-examined or give her statement saying that only after her transfer application case was decided that would she get her statement recorded.
The hearing has been adjourned till October 23,a day after the sessions judge in Rupnagar will decide the transfer application.
In her application to District and Sessions Judge Amarjot Bhatti (Mohali),the complainant has said she is not willing to appear before any male judge due to unavoidable reasons which I shall/can explain to a female judge. She has also alleged that due to the nexus between the accused and the police,the preparation of chargesheet was delayed which led to the accused getting bail after his regular bail application had already been denied earlier.
Explaining her absence in the hearing on October 5,she has written,I was not prepared to face a male judge and could not appear before the judge that day. Her father had appeared instead and promised to bring her in the next hearing but a bailable warrant had been issued to her,the application reads.
She has also slammed the police for shielding the accused,Munish Kumar,and making her run from pillar to post to get a copy of the chargesheet against him. I had written to the SSP for reinvestigating the case but nothing has been done so far, said the victims father.
Kumar,who serves in the Indian Army,was booked in April this year after the victim approached the police alleging that the accused had maintained a sexual relationship with her on the pretext of marrying her. She had alleged that the two had met while travelling on a bus in March after which she had accompanied the accused to his cousins room in Phase 1 and had physical relations with him over several days after he promised to marry her. However,he refused to marry her later after which she approached the police.