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 Prem Bisht

- Himanshi [e-mail]

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.

Criminal lawyer Rebecca John described the apex court judgment as a telling commentary on faulty investigation procedures. "For far too long we have lowered our standards of proof without reasonable doubt. As a woman and a lawyer, I am affronted when police frame people who may be innocent or when a shoddy investigation ends up in acquittals. This is unfair, both to the accused who have been incarcerated for long years and the victim's family."

Nowhere was it more clear than in August this year when the Madhya Pradesh high court set a man free after a decade in prison for the rape and murder of his stepmother.

While acquitting the man, the court said it appeared that "after arresting the appellant and completing the formalities of collecting the evidence, the investigating officer has literally slept over the forensic reports." No effort had been made to get DNA profiling done, and it might have "led to sheer injustice, not only to the appellant but also to the deceased."

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