PATNA: Former judges, jurists and lawyers of Patna high court on Wednesday demanded harsher punishment in cases of sexual harassment and life sentence till death to the accused of
gang rape.
Former judges of Patna high court, Justice (retd) Mridula Mishra and Justice (retd) Rekha Kumari, suggested jail term for whole life in rape cases. Such punishment would instill fear in society, they said, stressing on the need for scientific investigation of rape cases with modern equipment at the forensic science laboratory.
Speaking at a debate on the burning issue of punishment for rape, organized by the Bihar State Bar Council (BSBC), Justice (retd) Mishra said the penal provisions for offences against women were insufficient. She favoured harsher punishment even in cases of sexual harassment because such attitude leads to incidents of rape in many cases. She said the onus of proving not guilty should lie on the accused person and the quantum of punishment should be life in prison till death.
She suggested the trial of rape cases in
fast track court (FTC) within scheduled time frame. There should be adequate infrastructure for FTCs, sufficient number of judges and funds for fast completion of trial, she said, suggesting video recording of the witness's statement before the police under section 161 of CrPC.
Justice (retd) Rekha Kumari said the trial of a rape case should be completed within maximum six months and the law should be amended to the effect that the trial should continue even if some accused did not appear before the court. She said panels of competent and dedicated additional public prosecutors (APPs) should be created in all the district courts for rape cases. The investigating officer (IO), and in case of the IO's transfer, the SHO of the police station concerned should appear before the court during trial of rape cases.
BSBC member Yogesh Chandra Verma suggested necessary amendment in law for harsher punishment to rape convicts.
Others who spoke on the issue included former chairman of Bar Council of India S N P Sinha, social activist Padmaja Jha, lawyers Anjana Mishra, Ram Yash Singh and Priyanaka Singh.