Expressing concern over the falling rate of conviction in child abuse cases, Kerala State Human Rights Commission has written to the Kerala High Court and the Home department seeking their intervention in addressing the issue.
Commission acting chairperson and judicial member K. Byjunath forwarded a comprehensive report submitted by the Additional Director General of Police (ADGP – Law and Order) regarding the decreasing conviction rates in cases pertaining to the Protection of Children from Sexual Offences (POCSO) Act to the Registrar of Kerala High Court and the Additional Chief Secretary of Home department.
The Commission had sought a report explaining the causative factors while considering a complaint submitted by social activist V. Devadas.
The factors listed in the report included survivors and witnesses altering their statements in favour of the accused, and settling cases out of court by receiving money and other benefits from the accused. Delays in completing investigations, failure in gathering evidence against those accused, and lapses in supervision on the part of senior officers during investigation and trial are the other reasons that have been mentioned.
The ADGP also put forth a set of recommendations to increase the conviction rates. These included recording the survivors’ statements under Section 164 of the Code of Criminal Procedure (CrPC) to avoid these being changed at later stages.
There is also a stress on gathering circumstantial and scientific evidence instead on relying on oral evidence alone in order to establish that the alleged crime has been committed. The results of chemical examinations, scene plans, birth and medical examination certificates should also be collected without delay and submitted along with the charge-sheets.
The report also emphasises the need to consult the investigation officer on the evidence gathered and seek legal advice to ascertain their relevance prior to filing the charge sheet.
It has also been recommended to appoint a woman police officer who is efficient and has a clear understanding of the POCSO Act as permanent assistant during trials of such cases.
