In a large number of rape cases, the accused go unpunished due to lack of evidence and witnesses turning hostile in court. In Tumkur district, 70 rape cases have been reported from January 2010 to July 31, 2012.
In 2010, 24 cases were reported and it was 31 in 2011. The number of rape cases is increasing each year.
As many as 25 cases were filed in the Tumkur District Court between January 2011 and December 10, 2012. In four of these cases, the accused were acquitted. The other cases are pending in court.
President of the Tumkur District Advocates Association Doddamane Gopalagowda said that accused in rape cases are acquitted when evidence produced by the prosecution is not sufficient to convict them.
Also, many rape cases go unreported because families want to protect their honour. In some cases, young victims are forced to marry the accused themselves.
In most of the cases, the victims delay reporting sexual assault to the police, and by the time the latter initiate action, evidence is most likely to be destroyed.
There is also delay in launching trial due to various legal procedural issues. As time lapses, witnesses turn hostile and the victims themselves lose interest in pursuing the case due to various reasons, including domestic circumstances, and in some cases, fearing societal stigma.
Advocate and secretary of Varadakshine Virodhi Vedike S.C. Rajkumar said that the police are ill-equipped to come up with a strong case under the appropriate sections of the Indian Penal Code, and the process of bringing witnesses to court is also flawed.
He said that rape cases must be tried by fast track courts. He also suggested setting up designated courts to try rape cases.
He said that many victims, yielding to various pressures, including political pressure, tell a different story in court so that the accused is acquitted.
One such victim, a 23-year-old from Chikkanayakanahalli, told The Hindu , “My parents threw me out of the house after the incident. I want the accused to be punished for making me homeless and ruining my life.”
President of Spurthi Stree Vedike Praveni B.C. said that a “12-year-old rape victim from Gubbi taluk was stopped from going to school, and she now rolls beedis in her house.”
After the relatives of the accused entered into a financial settlement with the victim, she stopped going to court, Ms. Praveni said.
