By Sandeep Suresh
Sandeep Suresh is a recent graduate of the National Law University in Jodhpur, India.
Sexual offenses against women have always shocked our collective conscience. In the process of creating sensitivity about such offences against woman, we have not been successful in infusing morality into the society, for morality is something inherent and difficult to be imparted. Unfortunately, in India, the Criminal Justice System has also failed to sensitively deliver justice to the victims of such crimes and to restore their dignity. More specifically, trials of sexual offences in India portray an abysmal state of affairs concerning the way in which victims are treated and evidence is appreciated.
This post analyzes two judgments delivered by Special Courts in Bangalore, India specifically designated to conduct rape trials. Both these judgments unfortunately reveal that these Special Courts are not really “Special.” They expose several discrepancies concerning the treatment of victim testimony and methods used to appreciate evidences while deciding a rape case. Undoubtedly, such discrepancies are chiefly due to Special Court judges being insensitive towards the nature of such a heinous crime as sexual offence and being unaware of the binding legal precedents laid down by the Supreme Court of India (SCI).