It is wishful to think that mere provisions of death penalty will deter the perpetrators of the crime. On the other hand, there is every likelihood that because of enhanced punishment the court will analyze the evidence more closely and refrain from imposing the maximum penalty because of the fear of miscarriage of justice. All Indian conviction rates in rape cases are just about 28%. Some of the reason for poor conviction are shoddy investigation, negative medical opinion, inordinate delay in the disposal of the cases, thus allowing time to the accused persons to gain over the witnesses, etc. It is recorded that to the there is very often unfortunate delay in the disposal of cases in courts of law. According to sample study conducted by a study group of the Bureau of Police and Research and Development the trial of rape cases prolongs for years, though section 309 of Cr.P.C. provides for trial on a day to day basis. It is a common happening that cases usually take between 3 to 12 years to be decided because even after decision of the trail courts, appeals can be mad to the High Court and Supreme Court that the defense lawyers often try to prolong the witnesses in the hope that lapse of time will not affect their recall.

Prolonging the trial only heightens trauma of the victims. There should be all out-efforts by the court to reduce the time frame in the disposal of the cases in view of the agony of the victims and their family members during trial stage. Bangladesh has passes as Act for prevention of atrocities against women and children, within 90 days. Further, the reports of the medical and forensic experts will be accepted as evidence by the court without asking them to appear in the court for tendering evidence.

`agony of the rape victims during trial is compounded by the fact that section 155(4) of the Indian Evidence Act 1872, permits the cross examiner to ask the rape victim questions about her past character. These questions about the character and antecedents of the victim can be very embarrassing. It is necessary to amend the section of this law as recommended by the law commission, as it is patently unfair and discriminatory to the rape victim. Embarrassing cross examinations should not also be permitted by the courts. “As socially sensitive judge, in the memorable words of the Supreme Court”. Is a better statutory answer against gender outrage than the long clauses of complex sections with all protection writs into it.”

The court also imposes lenient punishment. In many cases maximum punishment is not imposed on Police officers for custodial rape by addressing some extenuating factors. In Suman Rani’s case the doctor who had conducted the medical examination testified that the girl was used to sexual intercourse, and the court went to reduce the sentence of the three policemen to 5 years instead of the statutory minimum of 10 years. Many courts, view rape as a sex crime that occurs because of the “uncontrollable natural lust’ of men and therefore tend towards leniency in sentencing. Recent research in the field has established that rape is motivated by aggression and the rapist is not succumbing into uncontrollable lust but proving his masculinity by degrading the victim.

Meacham Amir’s study of the rape case from the police records of Philadelphia shows that rape cases were not sudden occurrence and had been carefully planned. In the US nationwide victim survey it was found that only 22% of the victims were raped by the strangers. Most of the rapes were committed by relatives and person known to the victim’s.

• There should be through painstaking investigation of the rape cases by professional and experienced investigations, who are sympathetic and supportive of the victims. Often investigation is done on a casual manner. The victims should be encouraged to provide as much as details as possible.
• DNA testing now can provide conclusive evidence in rape cases. At present, DNA testing is also lack of interest among the investigating officers to use this technique to fix the identification of the rapist.
• There should be quick disposal of the cases in the courts of the law and determent punishment of the offenders.
• The quality of prosecution and caliber of the prosecuting staff must improve. Overburdened public prosecutors of average ability are often outmatched and out maneuvered by more experienced advocates engaged by the accused persons.
• The victim should be encouraged to lodge complaints immediately as failure to lodge complaints is an indirect encouragement to the rapist. Fortunately, many women are now coming forward to report.
• Rape crises centers should be set up in countries like UK and USA to advice the victims.
• Instead of merely blaming the police, the members of the public have to step forward for the defense of the harassed women in the country.
• There should be provisions for the payment of compensation by the State to the victims of crime like rape. At present u/s 357 of the Cr.P.C., the fine leveled against accused can be ordered by the court to be given to the victims as compensation. In the Delhi Domestic Working Women’s Forum case, the Supreme Court gave a direction to the government to set up a Criminal Injuries Direction Board. It further directed that compensation to the victim should be awarded by the Board not only on conviction of the offender, but also whether or not conviction has taken place.

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Dr. Om Prakash Pandey
Assistant Lecturer,
Shri K. A. Pandhi Law College,
Rajkot