Rape victims' testimony not confidence-inspiring: High Court judge
A Bombay High Court judge, facing flak for her interpretation of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, had in two recent rulings acquitted two persons accused of raping minor girls. The judge noted that the victims' testimony did not inspire confidence to fix criminal liability on the accused.
Justice Ganediwala's recent judgment that sparked outrage
Justice Pushpa Ganediwala recently acquitted a man accused of groping a minor's breast because he did not make skin-to-skin contact. Earlier, she had ruled that holding the hands of a five-year-old girl and unzipping pants do not amount to sexual assault under the POCSO Act.
Two other judgments where she acquitted two accused of rape
In two other judgments, she acquitted two persons accused of raping minor girls noting that the testimony of the victims did not inspire confidence to fix criminal liability on the accused. "No doubt, the testimony of prosecutrix (victim) is sufficient...However, the same ought to inspire confidence of this court. It ought to be of sterling quality," Justice Ganediwala said in one of the judgments.
'Sub-standard quality of testimony cannot send the appellant behind bars'
"However, in the present case, considering the sub-standard quality of testimony of the prosecutrix, it would be a grave injustice to send the appellant behind bars for 10 years," her order said. In the judgments, delivered on January 14 and 15, she questioned how could a single man gag the victim, undress both of them and rape without leading to a scuffle.
Case involved a 26-year-old man raping a 15-year-old girl
In the January 15 judgment, she was hearing an appeal filed by Suraj Kasarkar, 26, against his conviction for rape of a 15-year-old girl on July 13. He was sentenced to ten years in jail. The accused in his appeal claimed that he was in a consensual relationship with the girl and that the case was lodged at the behest of the girl's mother.
Defense of consensual physical relations does appear probable: Justice Ganediwala
"Had it been a case of forcible intercourse, there would have been a scuffle between the parties," Justice Ganediwala said adding that the defense of consensual physical relations does appear probable. Further, the girl in the trial court deposition had said she was 18 years old and that she had falsely claimed she was 15 years old in the FIR at her mother's instance.
Alleged act of forceful sexual intercourse is unbelievable: Justice Ganediwala
Justice Ganediwala while acquitting the accused noted that the alleged act of forceful sexual intercourse is unbelievable to the natural human conduct. "The medical evidence also does not support the case of the prosecutrix," the order said.
Case involved 27-year-old accused under POCSO Act and IPC
In the judgment of January 14, Justice Ganediwala was hearing an appeal filed by 27-year-old Jageshwar Kawle, who was convicted under POCSO Act and Indian Penal Code (IPC) for raping a 17-year-old girl. He was sentenced to ten years. The prosecution's case was that the accused took the girl to his sister's house for two months and had sexual intercourse with her several times.
Justice Ganediwala questioned the circumstances of the second case
The court order noted that except for the statement of the victim there was "absolutely nothing" to support the case of rape. In the order, Justice Ganediwala also wondered as to how did other members of the house allow an unmarried boy and girl to sleep together and also how could the victim and the accused get privacy to indulge in sexual intercourse.
Appointed as permanent judge of the High court in 2021
Justice Ganediwala was appointed as a district judge in 2007 before which she was an advocate. She was elevated as Additional Judge of the Bombay HC in February 2019. On January 20 this year, the SC Collegium approved her appointment as a permanent HC judge.
