HC reluctant to pass set guidelines for rape trials,says each case different

The Delhi High Court on Wednesday expressed reservations on setting sweeping guidelines against the wrong precedent of rape victims being offered marriage by the accused during trial.

A Division Bench led by Chief Justice A P Shah voiced its reluctance while accepting as a Public Interest Litigation (PIL) a letter submitted by the Delhi Commission of Women (DCW) seeking guidelines to be set for trial courts while dealing with rape cases. The letter brought to light the recent case in which a rape victim was approached with the offer of marriage by her alleged assailant,who had earlier been denied bail.

Aparna Bhat,counsel for DCW,stated before the court that the woman was approached with the offer of marriage by the assailants mother. She (the victim) says she is willing to marry him as there is no support from her family and she has no other alternative. The Bench has now sought a report from the Additional Sessions Judge V K Khanna on the case by April 22.

The court,however,prima facie declined passing strict guidelines,stating: Each and every case (of rape) is different. There may be cases where there was consent on the part of two adults on the promise of marriage in the future. The accused in such cases might repent later and offer marriage to the victim.

On the other extreme,we see cases of gang rape,in which such offer is made with the intent of escaping prosecution¿ We have to appreciate the evidence given in each case and not pass sweeping guidelines now, the Bench reasoned.

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