Facts of the Case
- X, a victim, was raped by the head of the village.
- The victim’s father filed a criminal case against the accused.
- The village head arrested the victim instead of the accused.
- The accused were not sent for medical examination, resulting in lack of evidence.
- Due to absence of evidence, the case was dismissed.
Issues in the Case
- What legal remedies are available when the victim is wrongly arrested and accused persons are not medically examined?
- What steps can be taken to preserve evidence in rape cases?
- How can the victim get justice despite procedural lapses?
Principles Associated with It
- Under the Criminal Procedure Code (CrPC) and Protection of Children from Sexual Offences (POCSO) Act (if victim is minor), immediate medical examination of the victim and accused is mandatory to collect evidence.
- Arresting the victim instead of the accused is a violation of procedural fairness and victim’s rights.
- Courts have emphasized the importance of prompt medical examination and recording of evidence to ensure justice.
- Victims are entitled to protection from harassment and victimization, including police protection.
- The victim or her family can file a complaint to higher police authorities, Human Rights Commission, or Women’s Commission for redressal of such lapses.
- The case may be reopened or appealed on grounds of improper investigation and denial of justice.
- The victim is entitled to free legal aid and support services under various legal provisions.
Judgement / Advice
- The victim’s family should file a complaint or appeal to the Superintendent of Police or higher authorities regarding the wrongful arrest and investigation lapses.
- They may also approach the High Court for a writ petition seeking direction for reinvestigation and proper medical examination.
- The victim should be provided with legal aid and psychological support.
- The authorities must be directed to conduct medical examination of the accused and victim immediately to preserve evidence.
- The case may be reopened or fresh FIR filed based on proper investigation.
- Such procedural violations can amount to grounds for challenge in court, and courts have powers to order retrial or compensation for the victim.