The Special Fast Track Court (FTC) has sentenced the four accused to death for the abduction and brutal rape of a 23-year-old paramedical student on a moving bus in the national capital last December.
Only, many women who’ve undergone similar trauma haven’t got such justice. Statistics show six FTCs set up in this city in the aftermath of the December 16 rape have set free two out of every three of those charged. From January 1 to June 30, the six FTCs ruled in 299 cases, of which it exonerated the accused in 205 and found them guilty in 95 cases. The conviction rate was 32 per cent, equal to the combined four-year average of convictions in the national capital, according to data compiled by the Delhi government’s prosecution department. India’s general conviction rate in rape cases continued to hover around 26 per cent in 2011, for a third year in succession.
Business Standard has reviewed the judgments of all the FTC courts delivered in January and February. If the judgments are considered sacrosanct, it can be inferred from most of the cases that either the victim turned hostile due to threats or social duress or was trying to frame the accused. In many cases, the medical evidence was lost because the victims could not be examined immediately or had bathed.
Acquittal in gangrape
On July 4, 2012, four persons allegedly abducted a woman in a car from Delhi’s southwest district. She was taken to a farm house; the four accused, one known to her, allegedly took turns to rape her. She somehow got out and called the police. The accused were arrested but were soon acquitted of the charges. The Special FTC at Dwarka was left with no choice, after the victim turned completely hostile.
A month before, a similar incident took place in a nearby area of the same district. The victim alleged gangrape in her police complaint but later changed her testimony. Before the judge, she turned turtle, accusing the police of obtaining her signatures on blank papers. She alleged the police coerced her to foist wrong charges on the accused. The court set free all of them.
"There is no denial of the fact that victims sometime allege wrong charges but it doesn’t happen in a majority of the cases. The victims resile due to fear of social acceptability or some sort of inducements. But the prominent factor behind changing their minds is threat to her and her family’s lives," says R S Sodhi, retired judge of the high court here. "There is no point in victims or witnesses being provided protection when the cases drag on for years. We need to introspect why even after setting up special FTCs, we are unable to dispense justice within six months.". Friday’s judgement with its four death sentences came nearly nine months after the crime.
According to the law, an FTC has to conclude a case within six months from the date the chargesheet is filed. The special FTCs are supposed to hear rape cases only and hold daily hearings. "Even the FTCs are not adhering to laws. The courts take more time to record statements on the plea that they are overburdened with such cases," says B S Joon, director of prosecution in the Delhi government.
On June 30, around 1,100 cases of rapes were pending trial before the six courts. In addition, media reports suggest the Delhi Police registered 1,000 rape cases in that period; some of these might have also gone to court in that time.
Botched investigation
The main reason behind acquittals continues to be the prosecution’s failiure to prove the case beyond reasonable doubt, even when the onus to prove innocence lies on the accused. In most of these cases, the prosecution hasn’t filed an appeal before a higher court. "Except cases highlighted by the media, other rape cases gradually perish in the lower courts," says Ravikant, a Supreme Court lawyer .
In one such case, the court expressed its rage at police officials for shoddy investigation. So much so, it accused police officers of telling lies in his court.
The police, however, denies such acquisitions. "The evidence an investigating officer collects is vetted by the prosecution department and by the assistant commissioner of police concerned before it is produced before the court. We take all due diligence in collecting scientific evidence. We do our job best and it stands to scrutiny before the court," says A K Ojha, additional commissioner of police for Delhi’s southwest region.
Joon seconds Ojha but in the same breath, blames the police for poor investigation. "We try our best but in most cases, the witnesses, around whom the entire case is built, change their statement. The victim turns hostile due to inducement, marriage, compensation, threat and family pressure," says Joon, adding: "Police do not collect scientific evidence and its case is solely built around the victim’s statement. So, the case falls flat. It is a collective responsibility."
Vested interest
The Special FTCs have found that victims sometimes allege rape due to vested interest. In one such case, additional sessions judge Virender Bhatt ruled the victim made false allegations against the accused after their relations turned sour. The victim even alleged the accused’s wife of abetting the crime and taking nude pictures of her.
"It appears the two had illicit relations but when they fell apart after a land deal, the prosecutrix (complainant) gave it the colour of rape to settle scores with the accused," the court ruled on February 6.
Minors
In cases involving minors, the courts have come down hard on the parents of those who elope with friends or sometime marry them, of framing the young boys on abduction and rape charges. It observes that girls complain following pressure from parents but then depose in favour of the accused.
"This case again provides a grim reminder of what is going on in our society these days. Girls in the age group of 15-16 years fall in love and elope with their lovers and willingly enjoy sexual relations with them. They are fully aware of the nature and consequences of their act," Bhat notes in an order of February 18. "Hence, one wonders why they still continue to be called a victim of rape and their sexual act with their lover as rape…why should the boys, who themselves are in their late teens or early 20s be arrested and made to face trial for rape?"
Only, many women who’ve undergone similar trauma haven’t got such justice. Statistics show six FTCs set up in this city in the aftermath of the December 16 rape have set free two out of every three of those charged. From January 1 to June 30, the six FTCs ruled in 299 cases, of which it exonerated the accused in 205 and found them guilty in 95 cases. The conviction rate was 32 per cent, equal to the combined four-year average of convictions in the national capital, according to data compiled by the Delhi government’s prosecution department. India’s general conviction rate in rape cases continued to hover around 26 per cent in 2011, for a third year in succession.
Business Standard has reviewed the judgments of all the FTC courts delivered in January and February. If the judgments are considered sacrosanct, it can be inferred from most of the cases that either the victim turned hostile due to threats or social duress or was trying to frame the accused. In many cases, the medical evidence was lost because the victims could not be examined immediately or had bathed.
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On July 4, 2012, four persons allegedly abducted a woman in a car from Delhi’s southwest district. She was taken to a farm house; the four accused, one known to her, allegedly took turns to rape her. She somehow got out and called the police. The accused were arrested but were soon acquitted of the charges. The Special FTC at Dwarka was left with no choice, after the victim turned completely hostile.
A month before, a similar incident took place in a nearby area of the same district. The victim alleged gangrape in her police complaint but later changed her testimony. Before the judge, she turned turtle, accusing the police of obtaining her signatures on blank papers. She alleged the police coerced her to foist wrong charges on the accused. The court set free all of them.
"There is no denial of the fact that victims sometime allege wrong charges but it doesn’t happen in a majority of the cases. The victims resile due to fear of social acceptability or some sort of inducements. But the prominent factor behind changing their minds is threat to her and her family’s lives," says R S Sodhi, retired judge of the high court here. "There is no point in victims or witnesses being provided protection when the cases drag on for years. We need to introspect why even after setting up special FTCs, we are unable to dispense justice within six months.". Friday’s judgement with its four death sentences came nearly nine months after the crime.
According to the law, an FTC has to conclude a case within six months from the date the chargesheet is filed. The special FTCs are supposed to hear rape cases only and hold daily hearings. "Even the FTCs are not adhering to laws. The courts take more time to record statements on the plea that they are overburdened with such cases," says B S Joon, director of prosecution in the Delhi government.
On June 30, around 1,100 cases of rapes were pending trial before the six courts. In addition, media reports suggest the Delhi Police registered 1,000 rape cases in that period; some of these might have also gone to court in that time.
Botched investigation
The main reason behind acquittals continues to be the prosecution’s failiure to prove the case beyond reasonable doubt, even when the onus to prove innocence lies on the accused. In most of these cases, the prosecution hasn’t filed an appeal before a higher court. "Except cases highlighted by the media, other rape cases gradually perish in the lower courts," says Ravikant, a Supreme Court lawyer .
In one such case, the court expressed its rage at police officials for shoddy investigation. So much so, it accused police officers of telling lies in his court.
The police, however, denies such acquisitions. "The evidence an investigating officer collects is vetted by the prosecution department and by the assistant commissioner of police concerned before it is produced before the court. We take all due diligence in collecting scientific evidence. We do our job best and it stands to scrutiny before the court," says A K Ojha, additional commissioner of police for Delhi’s southwest region.
Joon seconds Ojha but in the same breath, blames the police for poor investigation. "We try our best but in most cases, the witnesses, around whom the entire case is built, change their statement. The victim turns hostile due to inducement, marriage, compensation, threat and family pressure," says Joon, adding: "Police do not collect scientific evidence and its case is solely built around the victim’s statement. So, the case falls flat. It is a collective responsibility."
Vested interest
The Special FTCs have found that victims sometimes allege rape due to vested interest. In one such case, additional sessions judge Virender Bhatt ruled the victim made false allegations against the accused after their relations turned sour. The victim even alleged the accused’s wife of abetting the crime and taking nude pictures of her.
"It appears the two had illicit relations but when they fell apart after a land deal, the prosecutrix (complainant) gave it the colour of rape to settle scores with the accused," the court ruled on February 6.
Minors
In cases involving minors, the courts have come down hard on the parents of those who elope with friends or sometime marry them, of framing the young boys on abduction and rape charges. It observes that girls complain following pressure from parents but then depose in favour of the accused.
"This case again provides a grim reminder of what is going on in our society these days. Girls in the age group of 15-16 years fall in love and elope with their lovers and willingly enjoy sexual relations with them. They are fully aware of the nature and consequences of their act," Bhat notes in an order of February 18. "Hence, one wonders why they still continue to be called a victim of rape and their sexual act with their lover as rape…why should the boys, who themselves are in their late teens or early 20s be arrested and made to face trial for rape?"