Re: [IAC++] Growing Rapes in India - what must be done

Sir,

There is a tremendous shortages of judges, magistrates and sessions judges all over India.

Every rape case being heard in a fast-track court deprives 50 other victims of even more serious IPC crimes of their right to speedy trials.

Is Rape a serious crime ?
Rape is ordinarily punishable u/s 376 IPC

This section is NOT included as a serious crime in section 39(1) of the CrPC - which clearly defines a citizen's obligations and priorities under the law.

http://www.vakilno1.com/bareacts/CrPc/s39.htm

In sum, when a citizen sees a woman (or man) being raped, he is under no obligation to report it to the police or to do anything about it, unlike say a case of  forging a currency note.

I'm sorry to say that the wild reactions of the ignorant hysterical armchair brigade does no credit to the desired intellectual calibre of this list.

Sarbajit

On Sun, Dec 23, 2012 at 10:56 PM, pushpendra singh <genpushpendra@gmail.com> wrote:

according to my suggestion, the Judge will be  SOLELY responsible for the timely conclusion of trial and he will have the power to PUNISH the lawyer or police who impede its progress. Please read it again

I believe that in India people diffuse responsibility/accountability so NO One can be blamed for lapses. Hence this provision.

Pushpendra Singh

On 23 December 2012 22:03, Rina Mukherji <rina.mukherji@gmail.com> wrote:

You talk of judges on whom the onus of completion of the trial will be pon the judge. But what about wily lawyers who prolong the cases?

 

Rina Mukherji

 

Kolkata

On Sun, Dec 23, 2012 at 8:53 PM, pushpendra singh <genpushpendra@gmail.com> wrote:

First, a social law akin to the one on crimje against SC/ST or MACT whereby trial court can dispense with adhering to all rules of evidence and onus is on the person charged to prove his innocence must be enacted immediately with retrospective effect onn all cases pending in any court on the date the crime was committed. this law to have minimum punishement as Chem Castration.

2 - fast track courts be set-up for all rapes & heinous crimes WHERE THE ONUS ON COMPLETION OF TRIAL WITHIN A SHORT TIME - 6 MONTHS OR 1 YR - MUST BE ON THE JUDGE.  obviously if some lawyer or police try to delay the COURT SHOULD HAVE THE POWER TO PUNISH THEM.

3. the number of appeals should be restricted except in case of Death Penalty where itt may go to SC for review of Sentence alone.

4. each State Govt must be required by law to nominate an IAS officer - who would be responsible to put on a web-site all cases of crime against women with date oof occurence filing charge-sheet and progress of case among other details like Trial Judge, Police station where it is occuring and Public prosecutor.

5 Social organisations & media should periodically give out details of all criminal cases pending agianst Politicians, legislators MPs etc.

 
--
Maj Gen Pushpendra Singh
596 Sector 6
Panchkula HYA; India
134109
Tele: 0172-2561619
Cell: +919041750156

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--
Maj Gen Pushpendra Singh
596 Sector 6
Panchkula HYA; India
134109
Tele: 0172-2561619
Cell: +919041750156

WWW : http://indiaagainstcorruption.net.in
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