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Death poor deterrent: Three per cent convictions, 94% accused know victims in child rape cases -Shalini Nair

-The Indian Express

The poor conviction rate in cases of child rape goes to show that death penalty - which comes at the sentencing stage, post-convictions — will mean little to a vast majority of the victims.

Two telling sets of figures from the latest National Crime Records Bureau (NCRB) put a question mark on the effectiveness of death as a deterrence for child rape. In 2016, of the 64,138 child rape cases that came up before the courts under the Protection of Children from Sexual Offences (POCSO) Act read with IPC Section 376, 1,869 cases — or less than three per cent — ended in convictions. Moreover, of the total cases of rape of women and children before the police that year, in over 94 per cent of the cases (34,650 out of 36,657 cases), the offender was known to the victim — he was either a close family member, a neighbour, or an acquaintance. Given this reality, experts point to the need for more debate before any amendment of the criminal law is carried out to award death penalty for cases of child rape, as sought by the proposed ordinance cleared by the Union Cabinet on Saturday.

Says Supreme Court advocate Vrinda Grover, “Far from reporting the crime, death penalty is going to deter the victim from reporting sexual assault when the offender is from the family or is known to them. This will lead to the crime being suppressed and the victim being left completely helpless. Without strengthening the investigation process or the prosecution, creating an enabling environment both in the court and outside, and improving the conviction rate, the sentence is irrelevant.”

Despite the POCSO Act providing for trials to be completed within a year, at the end of 2016, 89 per cent of the cases were pending trial. The poor conviction rate in cases of child rape goes to show that death penalty – which comes at the sentencing stage, post-convictions — will mean little to a vast majority of the victims.

Pointing to how the death sentence given to the convicts in the December 2012 gang rape case has not deterred such crimes, Grover termed the proposed Ordinance “a populist gimmick by the government to blunt the criticism”.

In addition to the proposed amendment to Section 42 of the POCSO Act and IPC Section 376 (rape laws) to allow for death penalty for rape of girls under 12, the Ordinance also seeks to amend CRPC Sections 173 and 309 to set a two-month time-frame within which police investigation in rape cases and trial will have to be completed. But the Criminal Law (Amendment) Act, 2013, had already changed these two laws to state that in all cases of rape, “trial shall, as far as possible, be completed within a period of two months” and that “ investigation in relation to rape of a child may be completed within three months”.

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