On Tuesday, the Supreme Court overturned a Gujarat High Court ruling that had permitted the quashing of a rape case following an 'amicable settlement' between the parties involved.
A Bench of Justices Abhay S. Oka and Augustine George Masih sent the matter back to the High Court, observing that there was no evidence on record to indicate that the rape survivor had been informed about the contents of the settlement deed.
"What is this? How can High Court allow this without even calling victim? No where it is stated that the lady was told about the contents. Lady is illiterate and contents were not even said to be explained to her. Somebody has to do it. Lady puts her thumb impression. There has to be endorsement by someone else that she was explained the contents," Justice Oka remarked.
The Supreme Court opined that the High Court's verdict could not be upheld without such verification.
The Court also noted that the proper course of action in such cases would be to obtain an affidavit endorsement from a third party confirming that the settlement had been explained to the survivor.
"Normally such an affidavit is moved by an illiterate person putting her thumb impression; there has to be an endorsement by a third person stating that content of affidavit is explained to victim. The High Court should have directed the lady victim to be personally present in court to verify whether she was informed about contents of the affidavit," its order stated.
"The High Court would be well within the power to order enquiry about the manner in which affidavit have been executed and on the question of how the thumb impression was taken of the appellant without explaining her the contents of affidavit ... The High Court is well within the power to order enquiry by a judicial officer, if required," it added in the order passed yesterday.
Senior Advocate Jaising appeared along with Advocate Paras Nath Singh for the appellant, the first informant/complainant.
Senior Advocate Rakesh Khanna with Advocate Savita Singh appeared for the accused.
Senior Advocate Ruchi Kohli with Advocate Swati Ghildiyal appeared for the State of Gujarat.
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