Calcutta High Court issues guidelines for cases involving rape, murder of minor/vulnerable persons

The Calcutta High Court has issued a slew of directions to be followed during the investigation and trial of cases involving the murder or rape of minor children and other vulnerable persons..A Division Bench comprising Joymalya Bagchi and Rajarshi Bharadwaj felt that such intervention was imperative after observing serious lapses on the part of the prosecution during the conduct of a case involving the rape and murder of a minor girl..In December 2013, the dead body of four year old Nasrina Khatoon was recovered by the investigating authorities from the premises belonging to the appellant in the instant case. The appellant and her two minor sons were named accused in the case. The post-mortem report indicated that Nasrina had been raped prior to her death..After the Additional District and Sessions Judge convicted her in 2015, the appellant approached the Calcutta High Court. On behalf of the appellant, it was argued that the Prosecution had failed to prove their case beyond reasonable doubt, especially given that it was based on circumstantial evidence..The Court agreed with the appellant’s case, while recording its distress about the casual and callous manner in which investigation and prosecution was conducted in the instant case..The Court observed that a vital witness to the case did not support the prosecution’s case thereby breaking the chain of circumstances connecting the appellant with the alleged crime. Despite this, neither was the said witness declared hostile by the prosecution nor was he cross examined..“The said witness, however, has not supported the prosecution case at all in Court. He kept mum about the aforesaid circumstances stated that he did not know the cause of and death of the victim. Most strangely, the prosecutor-in-charge who conducted the prosecution did not even declare the said witness hostile and cross examine him. In the absence of any cross-examination of Manchur Mandal, there is no other alternative but to accept his version in Court that he is wholly unaware as to the circumstances leading to the death of the victim.”.Furthermore, it was noted that the criminal investigation in this case was carried out rather casually. Various materials found at the crime scene were not sent for forensic examination. Several inconsistencies between the statements made by other witnesses were also highlighted. The Bench also noted the stray statements made in Court for the first time, which were not supported by other witnesses..As a result, there was no definitive consensus on how the appellant could be linked to the death of the victim. In these circumstances, the Court was constrained to hold that the Prosecution had failed to prove its case beyond reasonable doubt. The appellant was acquitted of all charges after the Judge noted that,.“No doubt that suspicion, howsoever strong, cannot take the place of proof and, therefore, in the face of such flimsy and weak evidence, I have no alternative but to acquit the appellant on the anvil of the benefit of doubt.”.However, given the need to pre-empt future recurrences of similar nature, the Court issued the following directions to be followed in the investigation and/or trial of cases involving murder and/or rape of minor children or other vulnerable victims..In cases involving grave offences like murder and/or rape of minor children or other vulnerable victims, statement of vital witnesses must be recorded under section 164 CrPC;Forensic examination of seized articles including DNA examination, if necessary, which may provide vital link evidence to establish the guilt be mandatorily conducted;Adequate protection be extended to witnesses to ensure that they are not won over and do not resile from their previous statements during trial by implementing effective Witness Protection Programmes in that regard;Public Prosecutors of the district must regularly review the manner in which the Public Prosecutor in Charge of sensitive cases are conducting the trial on a periodic basis and reports be filed in that regard to the Directorate of Prosecution, Legal Remembrancer and the Principal Secretary, Home Department for their appraisal and guidance..Read Judgment below.