RAPE TRIAL IN INDIA

Law Library

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Rape is a heinous crime and once it is established against a person charged of the offence, justice must be done to the victim of crime by awarding suitable punishment to the crime doer. We are constrained to observe that criminal justice system is not working in our country as it should. The police reforms have not taken place despite directions of this Court in the case of Prakash Singh and Ors. v. Union of India and Ors., (2006) 8 SCC 1. We do not intend to say anything more in this regard since matter is being dealt with separately by a 3-Judge Bench. The investigators hardly have professional orientation; they do not have modern tools. On many occasions impartial investigation suffers because of political interference. The criminal trials are protracted because of non-appearance of official witnesses on time and the non-availability of the facilities for recording evidence by video conferencing. The public prosecutors have their limitations; the defence lawyers do not make themselves available and the court would be routinely informed about their pre-occupation with other matters; the courts remain over-burdened with the briefs listed on the day and they do not have adequate infrastructure. The adjournments thus become routine; the casualty is justice. It is imperative that the criminal cases relating to offences against the State, corruption, dowry death, domestic violence, sexual assault, financial fraud and cyber crimes are fast tracked and decided in a fixed time frame, preferably, of three years including the appeal provisions. It is high time that immediate and urgent steps are taken in amending the procedural and other laws to achieve the above objectives. We must remember that a strong and efficient criminal justice system is a guarantee to the rule of law and vibrant civil society.


Pre- Requisition
  1. Rape can be heterosexual or homosexual
  2. The victims can be either a man or a woman.
  3. Rape is not a continuous offence.
  4. Each act of intercourse amounts to a distinct crime.
  5.  The victim can be abused by force, coercion, or deception.
  6. the prosecutrix cannot be compelled to submit to a medical examination
  7. The marital status and children of the accused is irrelevant to the case of rape
  8. In a prosecution for  rape, the birth of a child is conclusively a prior act of unlawful intercourse
  9. The character of the prosecutrix is not a defense.
  10. Impotency can be considered a good defense in a criminal prosecution for rape.
  11. Subsequent marriage of the offender to the victim is not a defense .
  12. To make a victim go through psychiatric examination an accused should provide a compelling reason
False Accusation 
  1. No Rape At all
  2. It was a Consensual sex