The Kerala High Court ruled that a delay in filing a complaint regarding the sexual assault of a child is not a justifiable reason for dismissing the case. The court was hearing a petition challenging an order by a lower court that dismissed a case due to the significant delay in reporting the crime.
The case involved a complaint filed by a mother alleging the sexual assault of her minor daughter by a relative. The lower court dismissed the case citing a delay of over two years in filing the First Information Report (FIR).
The High Court overturned this decision, emphasizing that in cases involving child victims, the focus should be on the trauma experienced by the child and the potential difficulties in immediately reporting such incidents. It acknowledged the vulnerability of children and the power dynamics at play, which often prevent them from disclosing abuse promptly.
Justice V.G. Arun observed that the reasons for the delay must be carefully considered, and dismissing the case solely on the grounds of delay would be detrimental to the interests of justice, particularly for child victims. The court highlighted that a child may require time to process the trauma, gain trust in authorities, or overcome fear of the perpetrator before being able to disclose the abuse.
The court directed the lower court to reconsider the case on its merits, taking into account all relevant circumstances and evidence. It stressed the importance of a sensitive and child-friendly approach in handling such cases. The ruling reinforces the principle that the protection of children and the pursuit of justice in cases of sexual assault should take precedence over procedural technicalities like delays in reporting. The court also referenced previous Supreme Court judgments supporting this stance.
