In a strongly worded judgment, the Delhi High Court has refused to quash a case filed under the Protection of Children from Sexual Offences (POCSO) Act against a man accused of raping and blackmailing a minor girl.
The court sharply criticised the argument that dropping the case would spare the survivor “social stigma,” describing it as “obnoxious to say the least,” and underlined that the burden of stigma must always rest on the perpetrator of the crime, not on the victim.
Justice Girish Kathpalia, delivering the order on August 29, made it clear that such reasoning was both legally and morally indefensible in a society where incidents of sexual assault continue to rise, leaving survivors to endure lifelong trauma while offenders often escape accountability.
Case Background
The First Information Report (FIR), filed in 2024, invoked sections of the Bharatiya Nyaya Sanhita (BNS) related to kidnapping, rape of a minor, and criminal intimidation, along with provisions under the POCSO Act.
According to the complaint, the accused allegedly coerced the minor survivor into a physical relationship by blackmailing her and recording a video of the assault.
Court records show that the accused is absconding and has been declared a proclaimed offender. Despite this, he sought quashing of the case, citing a “settlement” reached with the survivor’s parents.
His plea argued that continuing the trial would “not be in the interest of the prosecutrix,” as she would have to endure the “stigma” of public proceedings.
Court’s Observations: “Paradigm Shift Needed”
Justice Kathpalia firmly rejected this argument, asserting that the narrative around sexual crimes must change.
The stigma has to be, not on the victim of the wrong, but on the perpetrator of the wrong,” the judge said, calling for a “paradigm shift in societal mindset” that condemns offenders rather than shaming survivors.
The court further emphasised that settlements brokered by family members hold no legal weight in cases involving minors:
This argument is also completely devoid of merit. For it is the minor girl, and not her parents, who was wronged and suffered because of the alleged act on the part of the petitioner. It is only the prosecutrix who could have pardoned the wrongdoer, that too in certain specific conditions,” Justice Kathpalia noted.
Upholding Justice in the Face of Rising Sexual Crimes
This ruling comes against the backdrop of India’s persistent struggle with crimes of sexual violence, where survivors often face societal shaming, intimidation, and pressure to “settle” cases outside court.
The Delhi High Court’s remarks underline a judicial effort to ensure that sexual assault trials focus on delivering justice rather than preserving family “honour” or shielding perpetrators.
The court also imposed a penalty of ₹10,000 on the accused, directing him to deposit the amount with the Delhi High Court Legal Services Committee, signalling its disapproval of frivolous attempts to escape accountability.
A Broader Message
Justice Kathpalia’s order reflects a growing recognition within the judiciary of the need to dismantle harmful narratives surrounding sexual violence.
By unequivocally stating that stigma should be attached to the offender rather than the survivor, the court sent a strong message: crimes of rape and sexual assault are not private matters to be bargained away but serious offences against the dignity and safety of women and children.
The judgment underscores that the law stands firmly with survivors, especially minors, who are among the most vulnerable members of society, and that settlements or familial pressure cannot override the gravity of such crimes.