Why rape-murder cases are collapsing in higher courts

In case after case, lapses in investigation and prosecution have led to acquittals. For the innocent, this means years lost to prison while for victims’ families, it’s a dead end in their quest for justice

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Last week, the Supreme Court acquitted three men facing capital punishment for the gang rape and murder of a 19-year-old in Delhi’s Chhawla. The SC cited “glaring lapses” during the trial and prodded the lower court for acting as a “passive umpire.” It pointed out how 10 of the 49 witnesses were not even examined, and that the forensic samples were not stored properly in the Chhawla case.

After waiting a decade for justice, the parents of the teen victim said they felt shocked and betrayed by the order which went straight from death penalty to letting the accused walk. Demanding a review, former Maharashtra director general of police Meeran Chadha Borwankar says, “Like all other citizens of India I too ask, ‘Who then raped and killed the young girl?’”

WHAT HAPPENS POST-ACQUITTAL? 

Unfortunately, the chances of that question being answered are bleak. Shreya Rastogi, litigation head Project 39A, that works on death penalty reform, says that when individuals are acquitted at the SC appeal stage such as in the Chhawla case, the only remedy possible is filing a review petition, which goes before the same judges. “There are limited grounds to succeed in such a petition since it would have to be shown that there were errors apparent on the record,” she says. Re-investigation is not possible at this stage, says Borwankar, though strictures and disciplinary proceedings can be initiated against investigating officers.