By Kanu Sarda, IANS,
New Delhi : In a first of its kind instance, a city court Tuesday issued a bailable warrant against a five-year-old girl because of her failure to depose in a case of sexual harassment.
Metropolitan Magistrate Shivali Sharma issued a bailable warrant for the girl after she and her mother failed to appear before the court to record their statement.
The court has now directed the mother and daughter to appear before a court Dec 10, the next date of the hearing.
The case pertains to June 29, when a case of sexual harassment was registered against Sunil alias Sonu after the mother of the five-year-old complained to the police.
“We have registered the case after the girl’s mother alleged that her daughter was sexually assaulted by their neighbour. We have arrested Sunil and produced him before the court but without the statement of the mother and daughter, the case cannot move ahead,” a police official said.
“Recording the statement of the complainant is necessary in every criminal case, failing which trial cannot take place. It is a procedure which needs to be followed,” said D.B. Goswami, a criminal lawyer.
He also added that since it is a bailable warrant, as soon as the mother and daughter record their statements before the court, it would be cancelled.
The court had earlier asked the mother and daughter to appear before it Nov 18, but on that occasion too they failed to appear.
“Cases pertaining to sexual harassment are very sensitive so to nail the accused and give a message to society, the only option courts have is to rely on the statement of the victim,” Goswami added.
The court has directed the investigating officer of the case to inform the complainant and her mother to depose before the court on the next date of the hearing.