G.P.MITTAL
Mumtaz – Appellant
Versus
State (Govt. of Nct of Delhi) – Respondent
G.P. Mittal, J.
1. In the recent past, Delhi - the Capital City of our Country has witnessed unprecedented protests by ‘Aam Aadmi’ (common man) and there was public outcry to make the city safe for women who have been guaranteed equal rights to live with dignity. Delhi was referred to as ‘Rape Capital’ by every newspaper highlighting instances and plight of rape victims. People from all strata of society came on the street with the demand of ‘Death Penalty for Rapists’. To address the concern of the citizens and to ensure speedy trial of rapists, Fast Track Courts were created to deal with the cases of sexual offences. Aim was to provide speedy justice and also send a strong message to the offenders as well the to the potential offenders that legal system is capable of tackling the problem and punishing the guilty without any delay thereby providing some solace to the victims of sexual assault that the guilty has been punished as per procedure established by law.
2. Being conscious of misuse of the provisions of rape and the effect it can have on the accused, in the context of evaluating the testimony of the rape victim, following observations were made by the Supreme C
Rajoo & Ors. v. State of Madhya Pradesh AIR 2009 SC 858
Alagarsmy & Ors. v. State by Deputy Superintendent of Police AIR 2010 SC 849
Narender Kumar v. State (NCT of Delhi) AIR 2012 SC 2281
Tukaram and Anr. v. The State of Maharashtra MANU/SC/0190/1978 : AIR 1979 SC 185; and
Uday v. State of Karnataka MANU/SC/0162/2003 : AIR 2003 SC 1639
Hussainara Khatoon & Ors. v. Home Secry. State of Bihar (1980) 1 SCC 98
Narender Kumar v. State (NCT of Delhi) AIR 2012 SC 2281
Rai Sandeep @ Deepu v. State of NCT 2012 (8) SCC 21
Zahira Habibullah Sheikh v. State of Gujarat AIR 2006 SC 1367
Bharwada Bhoginbhai Hirjibhai v. State of Gujarat AIR 1983 SC 753 and
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