Rape cases can be settled within ten days, if Government, Police and Judiciary want

Anil Narendra

Protests, sit-ins and candle light marches by students and women in large numbers demanding stern action against the culprits, who raped a student in a running bus on last Sunday, continued even on the fifth day. Protests and demonstrations continued whole day at prominent places in New Delhi like Rajpath, Safdarjang Hospital, India Gate, Jantar Mantar, Prime Minister’s Office and Ministry of Home Affairs. All were singularly demanding exemplary and immediate sentence to the culprits. In fact, one of the reasons for the public to be so angry today is our system, which encourages such culprits. When the rape cases continue for ten years in the courts, how can such incidents be stopped? About ten thousand rape cases are under consideration in various Courts of the Capital and if we were to calculate number of such cases pending in the country, the number would run to lakhs. The Government is talking of constituting Fast Track Courts for such cases. If Police conducts investigate in such cases properly, then it can conclude the investigation within seven to ten days. Legal Experts are of the view that all depend upon the intention of the Police. If Police decides, it can complete the investigation and file charge sheet in the Court within seven to ten days. After filing of charge sheet, if daily hearing is resorted to then it should not take much time. But, the Police must take into consideration certain important points during investigation so that it remains foolproof. Senior Supreme Court Advocate, KTS Tulsi suggests that the Police must concentrate on scientific evidence in such cases. The bus involved in the incident has been confiscated. Accused have also been apprehended. Finger prints in the bus and blood samples and blood traces on rod etc used in the crime are being lifted and forensic report concerning these is yet to come. Forensic Laboratory has been asked to submit its report as soon as possible on priority basis. The Criminal Lawyer of Supreme Court, DB Goswami has said that in rape cases, statement of the girl is important. So far as the present case is concerned, statements of the girl and her friend are yet to be recorded. In addition to these, the statement of the doctor conducting medical tests will also be recorded. The statement of the Police personnel registering the FIR will also be obtained. In addition, statements of Investigating Officer and Officer conducting the forensic tests are also to be recorded. And, if the Police so desires, it can also make the person, who made the call to number 100 and the Police personnel who attended that call its witnesses. In addition to the medical reports of the girl and her friend, the medical reports of the accused persons will form important evidences. The Police may take 7 to 10 days in the process of selection of these witnesses and collecting evidences. After this, the Police may file the charge sheet. The charge sheet can be filed without the forensic reports and a supplementary charge sheet could be filed after the receipt of the report. It is good, if the girl is able to record her statement, otherwise all the scientific evidences and the statement of her friend will prove quite important. Since the friend himself is injured, his statement acquire more importance. Police should not prepare a long list of witnesses, but concentrate only on important statements. Trials should be carried on day-to-day basis. If feasible, the case should be heard by a woman judge. A woman lawyer should pursue the case. Avoid indecent questioning of the girl and only such questions should be concentrated upon that are necessary for conviction. Appeal process must also be considered in such cases. Either a time limit and process for appeal be decided or appeal ----petition should not be included, but all this depend on Police, Government, Court and Forensic and Science Labs. But the sad part of the story is that we are expecting a lot from the Government and public representatives, out of which a number of legislators and former legislators have themselves been arrested for rape charges. These people turn such serious charges to political issue and stall the case. We fail to understand that why people elect such serious accused leaders. Since UPA is in power, we expect much from the Congress President Sonia Gandhi that she would take initiative in this matter that may lead to such a system under which the rape cases are settled within 30 days from the beginning to sentencing the accused.