rape VICTIM who married accused can be witness: HC
Jodhpur, April 24 -- The Rajasthan high court has allowed an application to recall the victim and her mother as witnesses in a rape and abduction case after noting that the woman married the accused after her deposition and a child was subsequently born from the marriage.
The accused, Shankar, is accused of abducting and raping the victim when she was a minor and faces charges under Sections 376 (rape), 363 (abduction) and 363 (kidnapping, abducting, or inducing a woman to compel her marriage). The bench of justice Anoop Kumar Dhand was hearing their criminal miscellaneous petition against an order by a Special Pocso court in Kota that had rejected their plea to recall the witnesses.
The bench noted that the victim married Shankar, after both her and her mother's depositions were already recorded. "When the matrimonial home fails to protect, the duty devolves upon the King - today, the Court - to act as parens patriae for the woman and children."
"In case the statements of the prosecutrix and her mother are not recorded again by re-summoning them, it would certainly destroy the matrimonial life of the prosecutrix and accused Shankar and it would destroy the future of their daughter born from the wedlock.," the bench noted....
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