20
15. In the instant case, prima facie, it appears
that the
petitioner has not only committed forcible sexual intercourse
with the victim girl, but has also deviously recorded the
intimate sojourn and uploaded the same on a fake Facebook
account. Statement recorded under Section 161 of Cr. P.C. of
the victim girl is also clearly in sync with FIR version.
Considering the heinousness of the crime, the petitioner does
not deserve any consideration for bail at this stage. However,
this Court is of the view that Indian Criminal Justice system is
more of a sentence oriented system with little emphasis on
the disgorgement of victim’s loss and suffering, although the
impact of crime on the victim
may vary significantly for
person(s) and case(s)-- for some the impact of crime is short
and intense, for others the impact is long-lasting. Regardless,
many victims find the criminal justice system complex,
confusing and intimidating. Many do not know where to turn
for help. As in the instant case, the rights of the victim to get
those uploaded photos/videos erased from Facebook server
still remain unaddressed for want of appropriate legislation.
However, allowing such objectionable photos and videos to