BENGALURU: The conviction rate in rape cases is only 0.36 % of the total number of cases reported in the state in the past three years. Lack of evidence, delay in trial, and shortage of judges are said to be the reasons for the poor conviction rate.
Of the 1,624 rape cases registered from 2022 till this September, only six cases ended in conviction, while 74 cases ended in acquittals. In all, 298 cases are under investigation and 1,037 cases are in courts. As many as 104 cases were found to be false.
As of September 2024, Bengaluru city alone reported 131 rape cases, followed by Tumakuru 20, and Chikkaballapur and Hassan 17 each.
According to the State Crime Records Bureau (SCRB), from January to September this year, 300 cases of rape were committed by known persons, 34 by victims’ relatives, 37 by their neighbours, eight by unknown persons and 11 by gangs.
Former DG & IGP ST Ramesh told TNIE that the conviction rate in criminal cases is very low. He cited several reasons for this. The primary cause is delay in court trial.
‘A lack of proper probe delays trials’
“Many cases take 3-5 years to come up for trial, by which time witnesses often forget crucial details, leading to inconsistencies in their testimonies. This delay allows many accused to take advantage and secure acquittals. The delay in trial is mainly due to the insufficient number of judges and courts, as well as lengthy legal procedures. Frequent adjournments requested by lawyers contribute to the backlog of cases,” Ramesh said.
Highlighting the need for quality investigation, he said this will help improve the conviction rate. If investigators gather strong oral, documentary, circumstantial, forensic, and medical evidence, they will help avoid delays in court and help in convictions. The former state police chief stated that witness protection is not prioritised, even though witness intimidation and witnesses turning hostile are common issues.
“An exclusive witness protection law is needed. Witnesses are often coerced or bribed, yet false testimonies rarely lead to punishment, which undermines the legal process. To improve the conviction rate, the number of fast-track courts should be increased to expedite trials,” Ramesh said.
Rajalaxmi Ankalagi, an advocate and activist, said that a lack of proper investigation and insufficient evidence often lead to prolonged trials. In most of the rape cases, the accused are victims’ fathers, grandfathers, uncles or known persons. Rape can happen even to minors, both boys and girls. Victims may not report the crime to the police for fear, especially if the accused is a known person. Social stigma is another reason for this. Some cases end up in compromises owing to family prestige.
“A delay in trial can impact the victim’s mental health, as recalling the incident may cause trauma. The number of fast-track courts should be increased, and the existing courts should dispose of the cases speedily. Additionally, courts should consider audio and video recording of statements of the victims and the accused, which could then be transcribed, reducing time consumption, as judges currently have to provide oral explanations and record them in writing. Overall, there is an urgent need to overhaul the whole process of complaint registration, evidence collection and trial itself,” she said.
Another senior police officer said that the reason for the poor conviction rate is false cases, especially when consensual acts are later reported as rape.