5% conviction rate in the state

Aneesh Phadnis / TNN / May 6, 2007, 04:52 IST

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A review of atrocity cases against scheduled castes (SCs) reveals that the state has an abysmal record-barely 5%-in securing convictions.

NAGPUR: A review of atrocity cases against scheduled castes (SCs) reveals that the state has an abysmal record—barely 5%—in securing convictions.
Last year, the state government constituted the Scheduled Caste and Scheduled Tribes Commission to protect the rights of members of these communities and recommend remedial measures to the government.
The commission's member secretary M R Patil held a meeting with divisional commissioner Anand Limaye and collectors and police superintendents on Thursday.Now, Patil has directed the police to study ten recent acquittals and find out the reasons why the state failed.
According to government figures, 3,685 cases were registered under the Prevention of Atrocity Act in six districts of Vidarbha—Nagpur, Bhandara, Gondia, Chandrapur, Gadchiroli and Wardha—between 1989 and 2005. Judicial orders were delivered in 2,667 cases. Of them, the state secured conviction only in 125 cases while accused were let off in the remaining 2,456 cases.

The track record in Nagpur district is not positive either. During the same period, 891 atrocity cases were registered in the district and orders were given in 436 cases. Of them, conviction was only in 18 cases. This despite the fact that the state government has designated prosecutors and courts for trials. The government also gives compensation to victims of caste related atrocity and crime.
According to Patil, the state is unable to secure convictions because of numerous factors. "The probe in such cases is not conducted in a proper manner and, at times, is done by junior rank officers. As per rules, the cases have to be investigated by an officer of the rank of deputy superintendent," he said. The other reasons are lack of concrete evidence and witnesses turning hostile. "I have asked the police to study ten acquittals and take precautions that mistakes aren't repeated," he added.

Superintendents in Nagpur and Chandrapur had conducted such an exercise and found that one of the reasons for acquittal was that the victim is unable to prove he is a scheduled caste member. In other cases (where an accused is booked under Indian Penal Code and Prevention of Atrocity Act), the accused has got convicted under IPC but was let off from atrocity charges. Sources also said that some of the complaints can't withstand judicial scrutiny because these are frivolous in nature.
Commission chairperson Baldev Chand admitted to TOI that the conviction rate was poor but admitted that remedial measures were being initiated. "I have asked additional director of police to study thoroughly the reasons for poor conviction and take steps to ensure there are no lacunae in investigations," he stated.

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