New Delhi: The Delhi High Court, in a judgment pronounced on December 15, 2025, disposed of a petition raising several grievances regarding the functioning of the criminal justice system in sexual assault cases, particularly those involving child victims, while also confirming the availability of Vulnerable Witness Deposition Centres (VWDCs) in Juvenile Justice Boards (JJBs) across Delhi.
The petition, filed by the father of a six-year-old sexual assault victim and an organisation named Social Action Forum for Manav Adhikar, primarily sought a copy of the acquittal order dated February 19, 2015, passed by the Juvenile Justice Board-II in the case. The Court, presided over by Hon’ble Dr. Justice Swarana Kanta Sharma, declined this request, noting the statutory bar on appeals against acquittal orders passed by the Juvenile Justice Board.
Referring to an earlier decision of a Coordinate Bench, the High Court held:
“Therefore, it is manifest from the above that where no right of appeal exists in law, no corresponding enforceable right to seek a certified copy of the order for the purpose of challenge can be claimed, particularly when such disclosure may also infringe the confidentiality mandate under Section 21 of the JJ Act, 2000.”
The Court further concluded that since neither the victim nor her father possessed a right to challenge the order of acquittal, the refusal by the learned Juvenile Justice Board-II to provide a copy of the order could not be faulted.
The petitioners had also sought directions for the formulation of new mechanisms concerning victim compensation, prompt intimation to the Delhi State Legal Services Authority (DSLSA) upon registration of an FIR, and broader policy measures such as age-appropriate educational steps and harmonisation of statutes. The Court noted that the prayers relating to compensation and prompt intimation to DSLSA were already addressed under existing comprehensive statutory schemes and binding judicial precedents, including directions issued by a Division Bench in Khem Chand v. State (NCT of Delhi).
The Court observed:
“The aforesaid directions continue to hold the field and are binding on all authorities concerned. In view thereof, the prayer seeking formulation of any other fresh or parallel mechanism in this regard does not warrant any further directions from this Court.”
The prayers seeking policy and legislative measures were rejected as they were “clearly in the nature of broad public interest and policy formulation, traversing into the legislative and executive domain,” and therefore beyond the scope of the present writ petition.
However, during the proceedings, a significant concern was flagged regarding the alleged non-availability of dedicated vulnerable witness rooms before the Juvenile Justice Boards. Emphasising that “the trauma, vulnerability, and need for protection of a child victim of sexual assault remains the same, irrespective of whether the proceedings are conducted before a Magisterial/Sessions Court or a Juvenile Justice Board,” the Court sought reports from the Registrar General and the Delhi High Court Legal Services Committee (DHCLSC).
The reports confirmed that Vulnerable Witness Deposition Centres (VWDCs) are, in fact, available and functional in Juvenile Justice Boards across Delhi. The Court reproduced excerpts from the reports, including one from the Registrar General stating that “the privacy and identity of a vulnerable victim is maintained by recording his/her statement in camera in a Vulnerable Witness Deposition Centre (VWDC) in the presence of the guardian of the victim, RCC advocate, and support person/required judicial ministerial staff.”
The Court concluded that “it is also evident that such centres are available and functional across all Juvenile Justice Boards in Delhi, which addresses the concern raised before this Court during the course of arguments.” Accordingly, the petition was disposed of, with all specific prayers being declined.
Case Details:
Case Name: Social Action Forum for Manav Adhikar & Anr. v. State of NCT of Delhi & Anr.
Case Number: W.P.(CRL.) 807/2015 & CRL.M.A. 5793/2015
Coram: Hon’ble Dr. Justice Swarana Kanta Sharma
Judgment Pronounced On: 15.12.2025
Judgment Uploaded On: 20.12.2025
Advocate for Petitioners: Ms. Charu Walikhanna, Advocate
Advocate for Respondents: Ms. Rupali Bandhopadhya, ASC, with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advocates