The court noted that such differentiation between male and female accused was unjustifiable.
The court further said that in the absence of specific reasons for discharging the female accused at the charge framing stage, any gender-based presumption was unfounded, especially given the allegations against them of physically assaulting the complainant.
The judge set aside the trial court’s order and remanded back the matter for a fresh decision on charges against the female accused, saying that this decision should be in line with legal principles and devoid of gender-based presumptions.
“This court is constrained to note that such differentiation was created by the learned Trial Court between the ‘male accused persons’ and the ‘female accused persons’,” the court said.
The judge also directed that a copy of this judgement be sent to all District and Sessions Judges in Delhi to ensure its circulation among the Judicial Officers in their courts. Additionally, it directed the forwarding of a copy to the Director (Academics) of the Delhi Judicial Academy for reference.
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