Why rape-murder cases are collapsing in higher courts
The Times of India Hyderabad|November 18, 2022
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
Himanshi.Dhawan@timesgroup.com
Why rape-murder cases are collapsing in higher courts

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.

Bu hikaye The Times of India Hyderabad dergisinin November 18, 2022 sayısından alınmıştır.

Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.

Bu hikaye The Times of India Hyderabad dergisinin November 18, 2022 sayısından alınmıştır.

Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.

THE TIMES OF INDIA HYDERABAD DERGISINDEN DAHA FAZLA HIKAYETümünü görüntüle
Tollywood was happy hunting turf for conman
The Times of India Hyderabad

Tollywood was happy hunting turf for conman

Kept Database Of Mobile Nos. Of Film Celebs

time-read
1 min  |
November 28, 2022
State-funded Metro to chug into RGIA in 3 yrs
The Times of India Hyderabad

State-funded Metro to chug into RGIA in 3 yrs

Residents’ Plea To KTR To Extend Other Rail Lines

time-read
1 min  |
November 28, 2022
Rajiv Makhni becomes the face of smart tech luggage with proximity indicator
The Times of India Hyderabad

Rajiv Makhni becomes the face of smart tech luggage with proximity indicator

The VIP SmarTech series, a range of smart travel gear, keeps you connected with your luggage via your smartphone

time-read
2 dak  |
November 28, 2022
I want to reach out to Samantha and tell her that if I can make it, so can you, says Vikram Bhatt
The Times of India Hyderabad

I want to reach out to Samantha and tell her that if I can make it, so can you, says Vikram Bhatt

The filmmaker opens up about his 18-year-long battle with fibromyalgia, a chronic disorder that causes widespread muscle pain

time-read
2 dak  |
November 28, 2022
Rain ruins second ODI
The Times of India Hyderabad

Rain ruins second ODI

The match was reduced to 29-overs-a-side as the first interruption caused a four-hour break. India were 22 for no loss in the fifth over at that time.

time-read
1 min  |
November 28, 2022
Croatia come in hard, show Canada the exit
The Times of India Hyderabad

Croatia come in hard, show Canada the exit

After their dour opening draw with Morocco had instigated a post-mortem into whether this Croatia side lacked a killer instinct, Kramaric and Marko Livaja found the net before the break to take the wind out of Canada’s sails.

time-read
2 dak  |
November 28, 2022
Denmark calls on Euro 2020, Eriksen experience
The Times of India Hyderabad

Denmark calls on Euro 2020, Eriksen experience

Denmark has been here before.

time-read
1 min  |
November 28, 2022
Ronaldo targets KO berth
The Times of India Hyderabad

Ronaldo targets KO berth

Win Vs Uruguay Will Help Portugal Advance With A Game To Spare

time-read
2 dak  |
November 28, 2022
Govt doubles large aircraft wet lease period to 1 yr
The Times of India Hyderabad

Govt doubles large aircraft wet lease period to 1 yr

Accordingly, IndiGo can now wet lease two twin aisles to operate flights between Delhi/Mumbai and Istanbul for a year.

time-read
1 min  |
November 28, 2022
Deuba's party emerges as single largest party in poll
The Times of India Hyderabad

Deuba's party emerges as single largest party in poll

Elections to the House of Representatives and seven provincial assemblies were held on November 20.

time-read
1 min  |
November 28, 2022