Stands at nine per cent for Class II offences in the sessions court
Stands at nine per cent for Class II offences in the sessions court
Asking for the implementation of the order issued earlier this year by former Maharashtra DGP Sanjeev Dayal on separating investigation from law and order functions of the Maharashtra police in triable sessions cases, the Praja Foundation revealed that the conviction rate of serious (Class II) offences in 2014 stands at a dismal nine per cent in the sessions court. Mumbai Police spokesperson, DCP Dhananjay Kulkarni said they have begun the implementation of the order months ago and it will be fully implemented as soon as possible.
Managing trustee Nitai Mehta of Praja said, “It’s a sad state of affairs. A nine per cent conviction rate is alarming. The criminal justice system has been compromised. I urge the chief minister and Prime Minister to take necessary action.”
Class II offences include bodily-harm offences like murder, rape, grievous hurt, kidnapping, abduction etc. As per a study conducted by Praja, a total of 31,030 Class II offences were tried in the courts in 2014. Of these, trials were completed in 12 per cent — or 3,688 — cases and judgment was given. Out of 31,030 cases, about 27, 338 (or 88 per cent) remain pending judgements.
In about 54 per cent of the cases, all the accused were acquitted; 36 per cent of the cases were compounded and withdrawn. Further analysing this conviction rate, a sample of 550 cases from three sessions courts were considered in which 127 were convicted and 423 acquitted i.e. a conviction rate of 23 per cent. In nine cases the witnesses turned hostile, in four complainants withdrew the case; in 24 cases the accused got the benefit of the doubt and in 386 cases there was a failure to prove charges due to lack of evidence or witnesses.
Another analysis of these 550 cases of rape, kidnapping, murder, grievous hurt, attempt to murder, dacoity and other serious IPC crimes showed that on an average it takes 8.5 months for a chargesheet to file after an FIR is registered, it takes 2.8 months for first hearing date after filing of chargesheet and another 13.2 months for first hearing to decision date. In total, 24.4 (2 years and 2 months) months are required and 27.8 hearings for a Class II offence to finish trial in a sessions court.
