KOCHI: Even as the state government claims to accord top priority to women’s empowerment and safety, the number of persons acquitted of rape and molestation charges in Kerala paints a different picture. This was laid bare in National Crime Records Bureau (NCRB) data presented by the Ministry of home affairs in the Lok Sabha on July 25.
In 2021, while 771 rape cases were registered in the state, 654 persons accused of rape were acquitted by courts. The number of persons convicted was 150. There were 4,059 cases registered for outraging the modesty of women in the same year. While 164 persons were convicted as many as 1,011 were acquitted, official figures show.
Across the country, as many as 31,677 rape cases were registered in 2021. The number of persons convicted stood at 4,227, while 9,558 were acquitted. In incidents relating to outraging the modesty of women, when 89,200 cases were registered, 19,694 persons were acquitted and just 8,544 persons were convicted the same year.
Thiruvananthapuram-based advocate Sandhya J points to the lack of legal protection for victims, which is leading to a high number of acquittals in such cases. But thanks to stringent provisions in the Protection of Children from Sexual Offences (Pocso) Act, at least cases involving underaged victims are being handled delicately, she says.
“When it comes to women, there are no victim-protection schemes in the country. It takes years for the commencement of trial in rape cases. So, most often victims turn hostile, which is a chief reason for the increasing number of acquittals. Registering a case and arresting the accused is just part of the investigation. Justice is delivered only when the accused is convicted and punished,” adds Sandhya, a former member of the Kerala State Commission for Protection of Child Rights.
Another key reason, according to her, is the improper investigation by law enforcement. “Police often file chargesheets without proper evidence collection. Later, when the case enters the trial stage, the accused is acquitted due to the absence of strong evidence. What we require is a system that ensures the protection of victims and proper investigation in cases related to atrocities against women,” stresses Sandhya.
Interestingly, rape convictions (828) outnumbered acquittals (509) in the state in 2020. This was also the year that saw the most acquittals in cases pertaining to outraging the modesty of women. Advocate Sandhya Ranni, who served as special prosecutor at the Ernakulam Additional Sessions Court for cases related to atrocities against women and children, says that there have even been instances when the accused and victims agreed on a settlement. “Conviction in cases involving the rape of women is rare. Often, the accused persons settle cases out of court and victims turn hostile during trial. Such settlement often occurs when the victim and accused know each other,” she said.
According to her, another major challenge in rape cases is proving the incidents were non-consensual. “I have seen many cases in which the victim and the accused were in a relationship. However, when the accused starts distancing himself from the partner or gets separated, a complaint of rape is lodged. Cases of such nature often end in acquittal as the court finds that sex was with the consent of the victim,” Sandhya said. Although most rape allegations are genuine, there are isolated incidents when accusations are raised following family and property disputes, a senior police officer said.
“I came across a case in which a woman filed a complaint of rape against her father-in-law. During the investigation, we found that the allegation was raised following a tussle over property partition. An FIR must be registered when a woman approaches the police with a complaint of rape. Investigating rape is a difficult task as even a minute error can lead to the acquittal of the accused,” he added.