A Bombay HC judge recently in the news for her order in a sexual assault case has expunged her controversial remarks from the record..On January 16 of this year, Justice Sadhana S Jadhav caused a furore when she allowed a bail application on the basis that the prosecutrix admitted to doing “dirty things”..Justice Jadhav has since deleted the comments from the order, stating that they were “mere reproductions of observations and diagnosis”. The comments were deleted after the State had filed an application requesting the judge to expunge her remarks..The order was passed in a case where the stepfather of the prosecutrix was charged under Section 354 of the IPC, for sexually assaulting the girl after adopting her when she was nine years old..The prosecutrix’s mother had died in 2006, after being diagnosed HIV positive. The girl had since been abandoned in the compound of Sacred Heart Parish at Andheri. She had subsequently been taken into Fatima Mata Sadan, a shelter in the city, before being adopted by the accused..Following the order passed by the Bombay HC, the State, in an application, had specifically requested the judge to expunge the last four lines of para 4 of the ruling. That para read as follows:.“The Supervisor of the said protective home had asked the prosecutrix to write her life history in her own words. Accordingly, she had written the life history. Perused the statement written in the handwriting of the prosecutrix. .She has admitted that she used to do all dirty things. It appears that she was inherently abnormal and had sexual instincts right from her childhood, in all probabilities, because of the environment and atmosphere where she lived and the conduct of her deceased mother.”.In the hope of doing some damage control, the judge passed another order on February 9, stating,.“It (last four lines of para 4) is merely reproduction of the observations/diagnosis recorded by Dr. Surekha Bajaj, Holy Spirit Hospital dated 1/10/2015. The said certificate is a part and parcel of the chargesheet. It is further reiterated that this is not the finding recorded by the Court.” .To further clarify things, the order states,.“It is clarified that the reference to “dirty things” is based on the two handwritten letters of the prosecutrix under the title “My history”. The history narrated by the prosecutrix is also a part and parcel of the chargesheet and shall not be construed as the observations or findings of this Court.”.Read the full order here.
A Bombay HC judge recently in the news for her order in a sexual assault case has expunged her controversial remarks from the record..On January 16 of this year, Justice Sadhana S Jadhav caused a furore when she allowed a bail application on the basis that the prosecutrix admitted to doing “dirty things”..Justice Jadhav has since deleted the comments from the order, stating that they were “mere reproductions of observations and diagnosis”. The comments were deleted after the State had filed an application requesting the judge to expunge her remarks..The order was passed in a case where the stepfather of the prosecutrix was charged under Section 354 of the IPC, for sexually assaulting the girl after adopting her when she was nine years old..The prosecutrix’s mother had died in 2006, after being diagnosed HIV positive. The girl had since been abandoned in the compound of Sacred Heart Parish at Andheri. She had subsequently been taken into Fatima Mata Sadan, a shelter in the city, before being adopted by the accused..Following the order passed by the Bombay HC, the State, in an application, had specifically requested the judge to expunge the last four lines of para 4 of the ruling. That para read as follows:.“The Supervisor of the said protective home had asked the prosecutrix to write her life history in her own words. Accordingly, she had written the life history. Perused the statement written in the handwriting of the prosecutrix. .She has admitted that she used to do all dirty things. It appears that she was inherently abnormal and had sexual instincts right from her childhood, in all probabilities, because of the environment and atmosphere where she lived and the conduct of her deceased mother.”.In the hope of doing some damage control, the judge passed another order on February 9, stating,.“It (last four lines of para 4) is merely reproduction of the observations/diagnosis recorded by Dr. Surekha Bajaj, Holy Spirit Hospital dated 1/10/2015. The said certificate is a part and parcel of the chargesheet. It is further reiterated that this is not the finding recorded by the Court.” .To further clarify things, the order states,.“It is clarified that the reference to “dirty things” is based on the two handwritten letters of the prosecutrix under the title “My history”. The history narrated by the prosecutrix is also a part and parcel of the chargesheet and shall not be construed as the observations or findings of this Court.”.Read the full order here.