The Delhi High Court emphasized that behind the formal documents of FIRs in cases of sexual offenses against minors lies the profound trauma experienced by the victims.

Recognizing this deeply distressing and life-altering ordeal, the court urged for a compassionate and sensitive approach, emphasizing that courts shouldn't approach these cases in a purely mechanical manner.

The court highlighted the importance of courts maintaining sensitivity towards the emotional and psychological well-being of victims of such crimes. 

The court made these remarks while overturning a trial court's decision that dismissed a minor victim's request to preserve the accused person's CCTV footage and call data records. The trial court's rejection was based on discrepancies found in the victim's statements regarding the date of the incident.

Justice Swarana Kanta Sharma emphasized that the victim, who had allegedly faced a harrowing experience of being gang-raped by her brother-in-law and his associates, was undergoing significant mental trauma. Consequently, she faced difficulties in accurately recalling the precise date of the incident when providing information to the police. The justice asserted that in such sensitive cases, the trial court should have demonstrated empathy and understanding towards the victim's mental state instead of dismissing her plea solely based on discrepancies in her statement regarding the incident's date.

The court took note that the alleged victim had been receiving care from the Institute of Human Behaviour and Allied Sciences (IHBAS). Subsequent to an improvement in her mental health, she was able to clarify the confusion surrounding the dates of the assaults. Upon this clarification, she submitted an application requesting the necessary directives for the investigating officer to collect the CCTV footage and call data records (CDR) pertaining to the accurate date of the incident.

"Regrettably, in the present case, the learned trial court declined the request to preserve a critical piece of evidence, i.e., the CCTV footage of the actual date of alleged incident as well as the call detail records of the accused persons, on the sole ground that the victim had mentioned a different date of incident in her initial complaint," said the court in a recent order.

 "The FIRs in cases involving sexual assault and rape, committed upon minors, are not mere printed papers but a trauma writ large, experienced by a living human being, which is difficult to be portrayed on a piece of paper

The court noted that the victim, who was approximately 16 years old at the relevant time, had allegedly been subjected to rape by her brother-in-law and two others after they stealthily entered her house. Additionally, they reportedly recorded a video of the incident and used it as leverage, threatening to make it public. This distressing situation prompted the victim to seek treatment at the Institute of Human Behavior and Allied Sciences (IHBAS).

Justice Sharma emphasised that courts are the "supportive pillars of hope for justice," and by understanding the mental distress and trauma of a victim of sexual assault, they can foster an environment where such victims feel heard.

"The courts must understand the same themselves as they, too, are bound to their oath of duty...In essence, the Court's purpose is not only to interpret the law, but also to serve as a bastion of sensitivity and empathy while adjudicating cases of sexual assault," the court stated.