Survivor in actor rape case seeks open court hearing in the case

She says that her identity and the fact that she was sexually assaulted was ‘well-known to every member of this society.’

The survivor in the actor rape case has moved the court seeking to hold the hearing in the case in open court as she felt that her identity and the fact that she was sexually assaulted was “well-known to every member of this society.”

The petition came up on the day the trial court began the final hearing in the case.

The trial is being held in camera, as mandated by Section 366 (2) of the Bharatiya Nagarik Suraksha Sanhitha 2023 and Section 327 (2) of the Code of Criminal Procedure, 1973.

The law mandates that the inquiry into and trial of rape, rape of a woman under the age of 16 years, sexual intercourse by husband upon his wife during separation, sexual intercourse by a person in authority or sexual assault cases booked under the Protection of Children from Sexual Offences Act shall be conducted in-camera.

The procedural law further states that the presiding jury may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain in, the room or building used by the court.

The prosecution case is that the actor was abducted and raped by the accused in a moving car on February 17, 2017.

The survivor noted that the court had been conducting the trial in camera to maintain her anonymity and to save the interest of her and her close relatives from being subjected to social ostracism, which was “normal” in society.

She noted that her identity and the fact that she was sexually assaulted were well-known to every member of society. The survivor pointed out that the majority of members of society had supported her and were “anxious” about the case.

The Supreme Court, she argued, had ruled in many cases that the survivor anonymity was a choice of an adult survivor and if the adult survivor did not want the survivor anonymity to continue, the trial or hearing could be conducted in the open court.

However, legal sources pointed out that the Supreme Court and the Kerala High Court had ordered that the privacy of the survivor shall be protected in the case.

The trial court has posted the case for December 13 deciding on the maintainability of the petition.

Meanwhile, the court has issued a notice to former DGP R. Sreelekha on a contempt of court petition filed against her regarding a You Tube interview related to the case.

Published - December 12, 2024 08:29 pm IST