In a landmark judgment, the Rajasthan High Court has acquitted three individuals previously convicted in a 1991 rape case, highlighting significant investigative shortcomings, particularly the failure to conduct a Test Identification Parade (TIP). This decision underscores the critical importance of proper identification procedures in criminal investigations to ensure justice.
Background of the Case
The case dates back to an incident where the victim was allegedly raped by three individuals. At the time of the offense, the victim did not know the assailants personally. The identification of the accused was based solely on names provided to her by her relatives after the incident. Despite this, the investigating agency did not conduct a TIP to confirm the identities of the perpetrators.
Importance of Test Identification Parade
A TIP is a procedural measure used in criminal investigations where suspects are presented before witnesses or victims to confirm their involvement in the crime. This process is especially crucial when the accused are not previously known to the victim. The absence of a TIP in this case meant that there was no concrete evidence linking the accused to the crime, relying solely on second-hand information.
Court's Observations
Justice Anoop Kumar Dhand, presiding over the case, emphasized that relying solely on the victim's testimony regarding the accused's identification, without any corroborative evidence or a TIP, was unsafe. The court noted, "The appellants are not some renowned personalities, who could be identified on the ground that the prosecutrix was told about their names by her mother-in-law and brother-in-law. When the victim was not aware of the names of the appellants, then how she figured their names in her statements, such factual aspect of the matter is fatal to the case of the prosecution."
Critique of the Investigating Agency
The court criticized the investigating agency for its failure to conduct a TIP, stating that the agency had "miserably failed to apprehend or book the real culprits." It highlighted the possibility that, in an attempt to pacify public outrage or avoid criticism for non-detection of such crimes, investigating agencies might implicate individuals without legally acceptable evidence. This negligence not only jeopardizes the rights of the accused but also undermines public trust in the criminal justice system.
Directive to State Authorities
In light of these findings, the court directed the Director General of Police, Jaipur, and the Principal Secretary of the Department of Home to issue comprehensive instructions and guidelines to all police investigating officers in Rajasthan. The directive mandates the conduct of TIPs in cases where the accused are not known to the victim, ensuring that such procedural lapses do not recur in future investigations.
Conclusion
This judgment serves as a poignant reminder of the indispensable role of meticulous investigative procedures in the criminal justice system. The acquittal, after 34 years, not only brings to light the prolonged miscarriage of justice faced by the accused but also emphasizes the need for stringent adherence to established protocols like TIPs. It is imperative for law enforcement agencies to uphold these procedures to ensure that justice is both served and seen to be served, maintaining the integrity of the legal system and public confidence therein.
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