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| POOR CONVICTION RATE IS THE REFLECTION OF INEFFECTIVE CRIME INVESTIGATION | | | KHUSHWANT S RANIAL | 5/22/2011 12:54:59 AM |
| Police is Law enforcement agency but simultaneously she has been entrusted with the additional responsibility of crime investigation to provide solace, justice to the complainant and book the real culprit for his/her mischievous misdeeds . In order to do so ,police is vested with the power of investigation by banking upon the rules of law enshrined in the Indian penal code ,Ranbir penal code (applicable to the J & k state only) ,Criminal procedure code , local and special laws and Evidence act etc. Crime be it a local or the international, has to be met with same standards, principles, norms and practices. The principle of optimum standard of proof has to be followed at all costs without any favour or prejudices. There is no short cut to arrive at the conclusions as such a practice not only affect the quality of the investigation but also leaves ample scope for the poor conviction rates. Such repeated failure leads to the erosion of public faith upon the investigative agency. In simple words ,Investigation is a process to look beyond what is being observed by the eye at the face of it in the very first instance and furtherl keep on dwelling on those aspects which may be related to it or may not be directly associated to the issue under the probe. There is least scope for the investigators to skip the coded procedures and ethical instrumentalities. In our nation, primarily crime investigation is vested under section 156(1) of Cr.p.c as also order of a magistrate vide section 156(3),who is empowered to take the cognizance of an offence under section 190 .
If we go by the track record of conviction rate in the present scenario in the whole of India , it is neither the wholesome and nor higher enough to feel boast of. As a result of which, there is continuous erosion of the public faith in both the judicial set up and police functioning. It is because both these institutions are related to the complainant and the aggrieved one. Both the institutions have cause and effect relationship between one other. On failing to meet the desired results , the aggrieved purpose of highlighting his woes not only gets defeated but it equally encourages the culprit to indulge in more manoeuvrability to tone his skills in befooling the investigative agency to escape the wrath ,if ever got fixed for his commission of blunders. Generally it has been seen that cumbersome and some ticklish procedures have been in practice for a fairly long time but have become outdated and outlived with the emergence of new modern scientific modern gadgets and means. Such an over reliance upon those measures have definitely affected the investigation procedures badly and the defence counsel on the part of the culprit despite having adequate knowledge of the facts, still ,harp to prove the innocence of the guilt by giving it a shape of co incidental or an unintentional act.
For a successful probe into the matter ,conducive atmosphere is required for the investigator to explore all the probable possibilities without burden or outside pressure .The investigator must take the issue from the wider spectrum and then start thinning of the events on threadbare note rather start picking up the things from parts to consolidate the matter into the whole. In the course of such a practice ,there is every apprehension of providing the escape routes to the offenders. In India ,still our jurisprudence set up over rely upon the statements of the witnesses who under 161 & 164 Cr.pc offer their recordings but to sheer dismay and utter disgust ,these witnesses at the time of trial turn hostile enabling the culprit to face lesser punishment and in some cases ,charges levelled against the accused gets dropped due to lack of sufficient evidential grounds. The court clearly shows lack of support either in physical form or in the form of the materialistic evidence to nail the accused, resultant a loss to the evolution of fair amount of justice. To overcome this issue ,already debates have taken place and the matter pondered over but what is desired is to limit the size of witnesses and more banking on the modern scientific techniques .The onus must fix on the Investigators to take their time but do not ignore the options and courts should equally trust on the police investigations in totality. Lack of reposed faith discourages the endeavours of the investigators who burns midnight oil and fights all the ordeals to built up the cases .
In order to overcome the poor conviction rate and quick disposal of the cases to lessen the burden of the courts, it is suggested that in very petty offences like brawl, sale of illicit liquor, minor accidents, trespassing issues ,gambling, minor thefts, local issues like land water disputes and other related to public welfare ,eve teasing , cheating etc and those offences which are of bail able nature ,must be sorted out after brief trial at the sub divisional level .The concerned Sub Divisional area officers should be empowered with special powers on the pattern of the fast track courts to hold the court to listen the grievances and address the core issues of trivial criminality . Very often ,one comes across the startling news about the fate of a case after holding a long trial in which the amount of the punishment given to accused barely holds any interest for the complainant as he had doubly faced the punishment by running pillar to the post to get the justice. No doubt , we are living in a democratic set up where everyone holds right to speech ,freedom, silence ,expression, faith and belief but sometimes this much excessive latitude instead of providing respite become a matter of concern and cause more harm than doing the good . Hence in order to provide speedy justice, more and more fast track courts should be set up and police be empowered and trusted upon for the her mode of investigations without keeping doubt on their integrity and more flexibility be shown in curtailment of gathering outnumbered evidences to avoid the sheer wastage of time.
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