Calcutta HC Issues Directions For Investigation And Trial In Cases Involving “Vulnerable Victims”!

(a) In cases involving grave offences like murder and/or rape of minor children or other vulnerable victims, statement of vital witnesses must be recorded under section 164 Cr.P.C.;

(b) Forensic examination of seized articles including DNA examination, if necessary, which may provide vital link evidence to establish the guilt be mandatorily conducted;

(c) Adequate protection be extended to witnesses to ensure that they are not won over and do not resile from their previous statements during trial by implementing effective Witness Protection Programmes in that regard;

(d) Public Prosecutors of the district must regularly review the manner in which the Public Prosecutor in Charge of sensitive cases are conducting the trial on a periodic basis and reports be filed in that regard to the Directorate of Prosecution, Legal Remembrancer and the Principal Secretary, Home Department for their appraisal and guidance.

No doubt that suspicion, howsoever strong, cannot take the place of proof and, therefore, in the face of such flimsy and weak evidence, I have no alternative but to acquit the appellant on the anvil of the benefit of doubt.

The Court, thereafter, issued the directions, “in order to pre-empt future recurrences of similar nature… in the matter of conducting of investigation and/or trial in cases involving murder and/or rape of minor children or other vulnerable victims”.