Presumption based on gender in favour of women accused goes against principles of justice system: HC
Delhi High Court has set aside a trial court order and remanded the matter back to it for passing an order on charge afresh. The high court said the Indian legal system is founded on the principle of gender neutrality where each individual, regardless of their gender, is held accountable for their actions in accordance with law.
The high court made the observations while holding that the trial court committed a «grave error» by discharging female accused on the presumption that when the male accused were already beating the complainant there could have been no occasion for them to instigate the men or join them in beating the alleged victim.
«This court is constrained to note that such differentiation was created by the trial court between the 'male accused persons' and the 'female accused persons'.
