This judgement became the guiding light for rape cases in Rajasthan. With clear guidelines for the government, police and judiciary, the action taken in rape cases could not remain at the discretion of the law-enforcing agencies.
The political circles are abuzz with discussions about need for fast track courts to deal with rape cases. But amid outrage over Unnao and Kathua rape cases, one can look back to Rajasthan High Court’s landmark judgement that paved the way for exemplary, timely trials of cases of sexual violence.
The Rajasthan High court taking suo moto cognizance of media reports regarding rape of a German woman by an auto rickshaw driver and his accomplice had ordered that charge-sheet for rape cases should be filed within 7 days and trial be completed within a month.
The incident had taken place on the intervening night between 11 and 12 May 2005. The court ordered that all agencies including FSL file their report by May 16 and that trial of the case should be concluded within a month of filing the charge-sheet. Moving at lightening speed, additional sessions judge in fast track court in Jodhpur pronounced judgement on June 1, 2005; just about three weeks after incident took place. The two accused had been sentenced to life imprisonment.
This judgement became the guiding light for rape cases in Rajasthan. With clear guidelines for the government, police and judiciary, the action taken in rape cases could not remain at the discretion of the law-enforcing agencies.
The 2006 German student rape case in Alwar had followed the similar track. The trial was completed within 15 days of lodging of complaint. The accused Bitti Mohanty, the son of former DGP of Odisha Bidya Bhushan Mohanty, had been sentenced to seven years of imprisonment. He was charged with raping a German research scholar.
However, with time, the immediacy did get diluted. Judgement for the British journalist rape case that took place in Udaipur on 23 December 2007 was pronounced on May 1 2008 in approximately four months. But this too is in conformation with the Mallimath Committee recommendations of completing trial related to sexual violence in four months.
However, if this is compared with the Nirbhaya case; it’s fast indeed. The Nirbhaya incident took place in December 2012 and the judgement was pronounced after almost 9 months in September 2013.
What the High Court recommended -
- All SPs should ensure that as far as possible investigation should be completed in a week.
- All sessions judges in Rajasthan to ensure that trial should be completed in four months.
- Suggested various measures to ensure safety, dignity and financial assistance to victim.
- Set up special cells at state level for quick and scientific investigation.
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