Stigma For Rape Must Lie On Accused, Not Survivor, Says Delhi High Court

The Delhi High Court has refused to quash a case registered under the Protection of Children from Sexual Offences (POCSO) Act, dismissing the accused’s plea that proceedings should be dropped “in the interest” of the survivor to protect her from stigma. Instead, the Court imposed a cost of Rs 10,000 on the accused, asserting that stigma must never be shifted onto a survivor of sexual violence.

Justice Girish Kathpalia, while hearing the matter, delivered a firm order rejecting the reasoning advanced by the accused. “I find this argument obnoxious, to say the least. The stigma has to be, not on the victim of the wrong, but on the perpetrator of the wrong,” the judge observed.

He further emphasised the urgent need for a change in societal attitudes, adding that there has to be a paradigm shift in societal mindset by attaching stigma to the accused and not to the girl who underwent the horrid suffering by way of rape.

The case originated from an FIR registered in 2024 at Police Station Sarita Vihar. The FIR invoked provisions of the Bharatiya Nyaya Sanhita (BNS) relating to kidnapping, rape of a minor, and criminal intimidation, as well as offences under Section 6 of the POCSO Act. According to the FIR, the survivor, a minor girl, was allegedly blackmailed by the accused into a physical relationship after he made a video of her.

The petitioner, who is the accused in the case, approached the High Court seeking the quashing of the proceedings. His counsel argued that the complainant’s parents had reached a settlement with him, and that continuing the trial would only expose the minor survivor to stigma.

The Additional Public Prosecutor (APP), however, strongly opposed the petition. The APP pointed out that the accused is a proclaimed offender and continues to evade the law. Importantly, the survivor is still a minor, making any compromise or settlement legally untenable.

The Court agreed with the State’s position, observing that it was not the parents but the survivor herself who had suffered the alleged act.

“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. As mentioned above, the prosecutrix continues to be a minor girl,” the Court said.

The High Court also took note of the serious allegations in the FIR, recording that the prosecutrix was blackmailed into a sexual relationship after her video was made by the accused, and highlighted the accused’s absconding status. “Further, according to the FIR, the prosecutrix was blackmailed into a physical relationship by the petitioner after making her video. And as mentioned above, the petitioner is absconding and has been declared a Proclaimed Offender,” Justice Kathpalia noted.

Given these factors, the Court concluded that quashing the proceedings would not serve the interests of justice. “Considering the above factors, I am not satisfied at all that it would be in the interest of justice to quash the subject proceedings arising out of FIR No. 391/2024 of PS Sarita Vihar for offences under Sections 137/65(1)/351 BNS and Section 6 of the POCSO Act,” the order stated.

The petition was dismissed with costs of Rs 10,000, to be deposited by the petitioner with the Delhi High Court Legal Services Committee within one week. A copy of the order has also been directed to be sent to the trial court to ensure compliance with the cost order.

For Petitioners: Mr. Sandeep Kumar, Advocate.

For Respondents: Ms. Manjeet Arya, APP for State.

Case Title: ALTAF v. State Govt. of NCT of Delhi & Anr.

Date: 29 August 2025

Bench: Justice Girish Kathpalia