Why Gujarat HC Didn't Verify If Illiterate Adivasi Rape Survivor Was Explained Settlement? Supreme Court

Saying that there was nothing to show that an illiterate Adivasi rape survivor was explained terms of 'amicable settlement', the Supreme Court set aside a Gujarat HC Order quashing criminal case against the accused.

The Supreme Court on Tuesday set aside a Gujarat High Court order allowing "amicable settlement" in a rape case after noting that there was nothing on record to show that the victim who was an illiterate Adivasi woman was explained the contents of the settlement written in Gujarati language. The court noted that even though the woman had put a thumb impression on the settlement paper, there was no third-party verification if she was informed about what she was signing on.

A bench of Justices Abhay S Oka and Augustine George Masih sent the matter back to high court stating that there has to be an endorsement by someone else that shows that the woman was explained the contents of the settlement. And without such a verification, the high court order cannot be sustained.

"What is this? How can the High Court allow this without even calling the victim?" Justice Oka remarked.

The court noted that nowhere in the order by the high court it was stated that the lady was told about the contents of the settlement.

"Lady is illiterate and the contents were not even said to be explained to her. Somebody has to do it. Lady puts her thumb impression. There has to be endorsement by someone else that she explained the contents," the bench added.

The bench further said that when such an affidavit is moved by an illiterate person putting just her thumb impression, there has to be an endorsement by a third person stating that the content of the affidavit is explained to the victim.

The top court while setting aside the High Court order said that the court should have directed the victim to be personally present in court to verify whether she was informed about the contents of the settlement.

"As the High Court has passed impugned Judgment without verifying the settlement, the said judgment cannot be sustained. we therefore remand the matter back to High Court with a direction to appellant-victim to appear before the court. ... We accordingly set aside the impugned Judgment and remand the matter back to High Court," the top court said while directing the high court to verify the matter.

The Gujarat High Court had quashed a criminal case against the rape accused after taking note of the settlement affidavit. 

Senior Advocate Indira Jaising brought it to the top court's notice that that the affidavit indicating a settlement was in Gujarati language, a language unknown to the rape survivor, who was also an illiterate woman.