Delhi High Court refuses to transfer a rape case from the court of a male judge to a court of a female judge.The court said that by doing this there will be a flood of such cases ,When the aggrieved women will start demanding transfer of their cases from the courts of male judges to the courts of women judges.In such a situation, all cases of rape, sexual offences, would need to be transferred to special courts created under the Protection of Children Act or courts presided over by women judges. The High Court observed that the case cannot be transferred to a special court set up under the Protection of Children from Sexual Offenses Act merely on the basis of apprehensions of the petitioner which may be personal to him. The petitioner submitted that a case was registered on his complaint under sections 376, 354(a), 387 of the IPC and sections 66(e) and 67(a) of the Information Technology Act.pending in a court presided over by a male judge The woman claimed that she felt uncomfortable while appearing in this court and the presiding officer was insensitive,Therefore,transfer her case to a new ASJ (POCSO) court set up under Protection of children from sexual offences Act, which is presided over by a woman judge. In fact, the woman's case is pending in a lower court, where the charges are to be debated to decide the charges, Meanwhile, the woman filed a petition in the High Court, citing certain provisions of the CrPC, demanding the transfer of the case to a court presided over by a woman judge. A bench of Justice Anish Dayal observed that the Presiding Officer, whether male or female, is expected to refer to the Supreme Court and the High Court while dealing with matters relating to women and children or sexual offences.Along with this, the matter will be handled in a sensitive manner. The bench, after considering the provisions relating to transfer of cases from one court to another, observed that there is no strict provision regarding trial of cases under section 376 of the IPC that Such cases should be heard only in a court presided over by a woman judge.
