Very recently, two incidents of gang rape in Kathua in Jammu & Kashmir and in Unnao in Uttar Pradesh have outraged the nation. Even, they have attracted the attention of the United Nations in view of the serious nature of crime and gravity of the offence committed against two minor girls.
It is said that after the rape in Nirvaya case four years back at New Delhi in a moving bus which created a flutter in the country and abroad and debated in the UN, Kathua and Unnao heinous cases too have shocked the nation.
Prime Minister Narendra Modi is deeply shocked and told the countrymen that the perpetrators of Kathua and Unnao crime of gang rape will not be spared and would be dealt with iron hand. Even Chief Minister of J&K Mehbuba Mufti has made a statement in public that Kathua gang-rape case will be tried in Fast Track Court. Union Minister of Child and Women Development Maneka Gandhi said that to deal with Kathua and Unnao gang-rape cases and to bring home the charges of sexual offences against children, the Protection of Children from Sexual Offences Act-2012 would be amended. And, recently, the Union Cabinet by way of an ordinance approved of life imprisonment and death sentences for gang-rape on teen-aged girls and also amendment in IPC, CrPc and the Protection of Children from Sexual Offences Act-2012.
The need of the hour is to expedite the police investigation in both the cases and bring the offenders to book and ensure speedy trial of the perpetrators of the crime. It is noteworthy that in both cases some of accused persons have been arrested and taken into custody. In Unnao gang-rape case, BJP MlA Kuldeep Singh Sengar and his younger brother have been arrested by the CBI on the direction of the Allahabad High Court and are now in CBI custody on police remand. Therefore, in both the Kathua and Unnao incidents, the accused persons have been brought to justice. Now, the question is only to begin with the hearing of the cases on a fast track basis by special courts at both the places. In the present situation, for proper punishment of the offenders in accordance with law and procedure, there is an urgent necessity of constituting special courts at J&K and Utter Pradesh to deal with Kathua and Unnao gang-rape cases effectively.
Similarly there is also great necessity of appointment of special public prosecutors in the both the cases so that the Government counsel would marshal the evidence against the accused persons properly during sessions trial and would keep no stone unturned so that the offender will not go scot– free of the portals of the court of justice. At the time of trial, the trial judge, the public prosecutor, the investigating police officer and SP of the concerned district all combindely should remain vigilant and pursue the trial of the case and guard against tampering of evidence and gaining over the Government witnesses by the accused persons by virtue of their money and muscle power and political influence.
This should be the foremost duty of the investigating officer, public prosecutor and special judge at the time of the trial and if they would be alert and proactive at the time of trial, the offenders may not escape from punishment and would be dealt severely by the trial court, even by way of giving death sentence which is the mandate of law in gang-rape cases after amendment of the Indian Penal Code on the basis of Justice Verma Committee Report.
Another aspect needs to be highlighted is that the investigating officer must submit charge-sheet in both the cases at Kathua and Unnao within a period of 90 days / 120 days as the case may be from the date of the arrest of the accused according to mandate of Section – 167 of the CrCP. If the police fail to complete investigation and submit charge-sheet with that prescribed period, the accused will be legally entitled to be granted bail as a matter of right. Therefore, due to laxity of the police investigation, there is a chance that before the trial begins, the accused may escape on bail. So the IO and PP and the police investigating agency should be absolutely vigilant on that score, so that there will be fair trial of the accused persons. This is a look-out of the State agency.
Concluding, it can be said that giving punishment and dealing with crime effectively is the responsibility of the concerned court and trial judge. This has nothing to do with politics and public sentiment.
(The writer is a former Special Judge, CBI, Bhubaneswar, Mobile: 9437022723)