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The Rediff Special/Y P Singh

Rapist cop could face life sentence

April 25, 2005

The recent rape perpetrated on an innocent girl by a policeman not only calls for an expeditious trial but maximum possible punishment for the offender prescribed under the law.

What if it happened to you?

Since there is little likelihood that the accused could be released on bail, he being in custody, the trial is expected to commence without much of delay.

This is because generally the trial of those who are not released on bail is conducted much faster than in cases where the accused are on bail.

In addition, since the facts and circumstances of this case are quite clear and the evidence is clinching, therefore the trial is likely to be expeditiously concluded.

Cop dismissed | Are women in Mumbai safe?

The rule under Section 327 of the Code of Criminal Procedure is that the trial must be done in the open court.

However, there is an exception made where the trial related to rape cases has to be done in camera.

Moreover, under section 327(3) of the CrPC, it is also unlawful for anyone to print or publish any matter in relation to any proceedings in a rape case trial without the permission of the court.

Proving of the charge in this case may not be difficult because of strong circumstantial and oral evidence. Furthermore, evidence is self-sufficient since this is a case of a rape of a minor.

In such cases, all that is required to prove is that the accused indulged in intercourse and that the victim was a minor.

Consent of the minor in a rape case is immaterial to the outcome of the case.

Under Section 376 of the Indian Penal Code, for the offence of rape committed by a civilian, the minimum punishment is a 7-year sentence extendable to life imprisonment.

However, in a case where a police officer commits a rape on a woman in his custody, the punishment is minimum of ten years extendable to life imprisonment.

Therefore, the law provides a much more stringent punishment as it is in this case.

(Y P Singh quit the Indian Police Service disgusted by the corruption, and turned a writer. Recently he published Carnage by Angels, a fictionalized account of corruption in the police force)


The Rediff Specials


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Number of User Comments: 42




Sub: about more

i think he shud b hanged immediately or shud b given 2 the public then he will understand what public feels 4 him.


Posted by priyanka





Sub: Hang him

There is no confusion.I think he should be hanged immediately.


Posted by kirthi





Sub: Death Penalty

After this incident atleast now the rape cases which dont come out shuld be given justice & the girls who go thru this shouldnt keep ...


Posted by Ritu





Sub: Life sentence?

A life sentence is not good enough for beasts like More. He should he hanged till death.


Posted by Reshmy





Sub: Do not hang him...

Let him live the rest of his life in prison...hanging and letting him die is simple for a crime that leaves the other person shattered ...


Posted by simple




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