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Conviction for rape negligible, none in 2008

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Aneesha Sareen

Posted: Oct 03, 2008 at 0021 hrs IST

Chandigarh, October 2 The incident where a German national was allegedly abducted and molested by five youths last Sunday has sent shock waves across the region. While the incident has shattered the city’s image as a tourist destination, a review of past cases of crime against women show the police have largely failed to ensure that the accused serve long-term sentences.

According to records of the UT Police, though cases of rape and molestations are rising every year, the figure of those convicted has hit an all-time low.

The number of molestation cases registered in 2006 was 20. Out of them, only one accused has been convicted so far and seven have been acquitted. In 2007, 32 cases were registered under Section 354 (outraging modesty) of the IPC.

So far, 16 such cases of molestation have been registered this year. Among them, while one was convicted, three were acquitted.

The conviction rate in rape cases under Section 376 of the IPC is no different. In 2005, 33 cases of rape were registered.

While 12 were acquitted, 11 of the accused were convicted. The remaining cases are still pending. In 2006, 19 rape cases were registered. While four of the accused were convicted, six were acquitted. Last year, out of the 22 cases of rape registered with the police, only two accused were convicted.

Considering that a very small percentage of women actually come to the police to lodge a complaint of rape, the conviction rate comes as a big discouragement to women seeking justice.

According to police officers, victims turning hostile, long-pending trials and warring parties coming to a compromise decision are a few reasons behind the low conviction rate. In 1994, all the accused in the rape of a French tourist in the city managed to escape punishment, as no one came forward to testify against them. According to legal experts, the conviction rate drops further if it is proved that the victim was either suffering from depression or in an inebriated condition.

Cross-examination is another problem, say lawyers. “In a gangrape case, lawyers for all the accused will cross-examine the victim. Often, the prospect of reliving such trauma over and over again is too much to bear. Many a times, the victim will simply withdraw the case,” said N K Nanda, president of the District Bar Association.

Lax attitude of the police who often succumb to pressures of “big shots” is another major hurdle -- the police took a very long time to record the statement of the victim in the infamous Barnala rape case. The case is still pending.

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