Another child raped, killed; body found with 86 injuries

The obstacles in rape cases are poor forensics and investigation

AHMEDABAD: A minor was allegedly held captive, tortured and raped before being killed, the Surat Police said on Sunday, even as protests continued over the rape and murder of an eightyear-old girl in Jammu’s Kathua recently.

The minor girl, who was yet to be identified, was found in Surat’s Bhestan locality 10 days ago and had 86 injury marks on her body. She is believed to be between nine and 11 years of age.

The police said the victim’s autopsy report indicated she was tortured and raped. Her body was spotted by a passerby near a cricket ground on the morning of April 6, they said.

Police said the post-mortem suggested a wooden object was used to cause the injuries.

Reports of yet another horrific sexual assault surfaced amid outrage across the country over the gang-rape and murder of the eight-year-old girl in Jammu & Kashmir’s Kathua , and the alleged rape of a teen in Unnao by UP BJP legislator Kuldeep Singh Sengar.

THE POSTMORTEM SUGGESTED A WOODEN OBJECT WAS USED TO CAUSE THE INJURIES

The government’s response to the Kathua rape case has been on predictable lines – women and child development minister, Maneka Gandhi, wants the death penalty introduced into the Protection of Children from Sexual Offences Act (Pocso) 2012 for those accused of raping a minor below the age of 12. Knee-jerk reactions like this invariably follow heinous sexual crimes like the Kathua case in which an eight- year-old Bakerwal girl was abducted, raped and murdered by a number of people including serving policemen. But in most cases of child rape and molestation, the perpetrator is a person known to the child and, therefore, the child is unwilling or unable to name him.

The real problem is that we have very poor forensics. In a rape case, whether of a child or an adult, the evidence must be collected within 24 hours of the crime. This is often not done. The FIR should be filed as quickly as possible. The investigation must have a deadline. In the Kathua case, the filing of the chargesheet was thwarted by a few renegade lawyers, following which the case become highly politicised. There is little evidence to suggest that the death penalty is an effective deterrent. In the Kathua case, it is clear that the offenders thought they could get away with it, thanks to police complicity.

Better prosecution, the certainty of conviction and the severity of the sentence will work far better. In the case of rapes of minors – there were 19,675 recorded in 2016 alone – there has to be a well-defined timeline to press charges. The longer the case is delayed, the more the chances of the accused being able to intimidate the victim and her family as happened in the Unnao case. The first step in securing convictions in child rape cases begins with improving the workings of the police station, the first port of call for the victim. There have been instances in which the police have refused to file FIRS, especially when the victims are from poor families. In the case of child victims, the police must be particularly sensitive and quick when recording complaints. This will be a better way to secure justice for child victims than focusing on the death penalty.