#RAPE CASES: Understand difficulties of Courts in punishing rapists

The Function of lawyers and Judges is not about seeing that rapists are not punished. They are also like you. They also want that rapists should be punished.

The Judge can punish a rapist only if there is evidence against rapist produced in court.

Accused and his lawyers are given chance to expose if evidence is false.

Evidences in rape cases are usually of following type:

1) First or earliest information recorded in police register and statement of person who gave complaint.

2) Statement of victim

3) Medical Report of body of victim.

4) Clothes: stains or tears on clothes of victim

5) Any eyewitness who show the incident or show accused going away after rape, or coming before rape, or who has seen any other things about rape.

6) Medical report of body of accused.

In above evidences, 3,4.6 are scientific reports.

But statement of victim and witnesses keep changing. Before police they say one thing, before media on TV they say another thing, in court they say something else.

When rapist is a very rich and influential person, evidence begin to disappear and court becomes helpless. This is the problem which need to be addressed.

When evidence in court is not reliable, the judge is bound to acquit the criminal even if he is personally convinced about crime of rapist.

The real burden is on Investigating Agency and on Prosecuting Agency to bring evidence in court.

By increasing punishment of rape nothing will be accomplished. In some countries, Chief Prosecutor is elected by people. If more criminals get acquitted, people may not re-elect him.

In our country, some accountability of Police Investigator and Some Accountability of Prosecutor ought to be fixed.

Probably, only Supreme Court can do something about this.

Haresh Raichura

We have seen cases were false rape cases are filed against political rivals and to take revenge of land disputes.