"SEXUAL OFFENCE CASES AND CHALLENGES IN PROVING SUCH CASES IN COURT OF LAW" - By Law Padho

This article is written by Kunal Yogesh Nadkarni, a student at Symbiosis Law School, Hyderabad, where he discusses about the "SEXUAL OFFENCE CASES AND CHALLENGES IN PROVING SUCH CASES IN COURT OF LAW"

SEXUAL OFFENCE CASES AND CHALLENGES IN PROVING SUCH CASES IN COURT OF LAW

INTRODUCTION

“Injustice anywhere is a threat to justice everywhere”

BY- Martin Luther King Jr.

 On an estimate, in India, a sexual offence is committed every 15 minutes as per the official data of the National Crime Records Bureau (NCRB), with a stark revelation that only one in 69 cases are reported. In adherence to “The International Covenant on Economic, Social and Cultural Rights, 1966”, sexual offence victims are empowered to a legal resort that does not amount to a violation of their physical and mental integrity and dignity. The unprecedented increase in the crime rate has developed into a serious issue for the administrators as well as the “Criminal justice system” and also for the functioning of the social organizations and women safety in general, with the nation on its path to be termed as the rape capital of the world.[1]

The concentrated efforts of the Court of Law, the Law Commission, the Legislature, and various Non-Government Organizations have resulted in a substantial movement forward for upholding the sanctity of justice. In the aftermath of the gruesome gang rape in Delhi in 2012 and nationwide protest, the Parliament, on the guidance of the “Justice J.S Verma Committee”, formulated the “Criminal Amendment Act 2013” (Nirbhaya Act). The Act made amendments to the “Indian Evidence Act, 1872”, “Indian Penal Code, 1861”, and “The Code of Criminal Procedure, 1973” concerning sexual offenses. Also, based on Amendment Act 2013, Section 53 A was inculcated in the “Evidence Act, 1872”. The above-mentioned Section provided that the victim’s character or prior sexual history should not be held accountable in the issue of consent or a medical examination. In the year 2019, the Parliament amended the “Protection of Children from Sexual Offences Act, 2012” (POCSO), which formulated a death penalty for a crime of rape against a child younger than 12 years of age.[2]

With the advancement in the field of DNA science, the forensic examination is considered pivotal in the fair adjudication of a case. Forensic evidence plays a crucial role in providing a course to an inquiry and helps enlarge a case hypothesis. Especially in terms of sexual offense, there are very rare instances where an eye-witness has come forward in a court of law. Thus, both DNA and circumstantial evidence play a prominent role in forming a link between the accused and the crime and has an unprecedented influence on the “Criminal Justice System”.[3]

The Indian judiciary has earned the respect of the people of the country because of its independence, honesty, and impartiality. One of the primary roles of the judiciary is considered judicial activism, which means to go beyond the law and use its discretionary power to uphold the principles of justice. It is of substantial importance to have a balance between social justice and fundamental rights and set a precedent for the welfare of the society at large. Thus, in case of a crime of the magnitude of a sexual offence, which not only results in physical but also mental distress, the Judiciary needs to ensure Speedy Justice while also taking into consideration the emotional and physical agony of the victim.[4]

 DEFINITION AND MEANING OF SEXUAL OFFENCE

A sexual offence, as defined by the “Law Reform Commission” (1978), can be termed as intentional sexual contact with another person without the implied or expressed consent of the person. Sexual violence can be termed as a form of gender-based violence, which may include “any form of sexual attempt or unwanted advances, employing coercion, threat, physical force.”[5] Sex crimes against women, in general, can be exhibited in form of sexual harassment, rape, molestation, and abduction for sexual exploitation. Also trafficking one’s sexuality can be included in the form of sexual violence. Such crimes are a “violation of the victim’s most adored fundamental rights, i.e., Right to Life guaranteed under Article 21 of The Constitution of India”. [6] Out of the crimes mentioned, “rape is considered as the most obnoxious and severe form of human right violation”.[7] Taking into consideration that sexual assault has a substantial impact on the mental and physical well-being of the victim, The World Health Organization (WHO) has formulated an “integrated model” for medico-legal care for victims of sexual violence.  

“Generally, women are perceived as keepers of the family and feminine modesty is enshrined in law and tradition.”[8] Thus, elaborating the above-mentioned statement, women are generally discouraged or pressurized by the community not to report such sexual acts. Also, a lack of confidence in law enforcement or the judiciary acts as a deterrent. Legal and policy reforms are the need of the hour to address the pervasive and desecrate conventionalize thinking ideology surrounding rape. The formulation of the International Criminal Court (ICC) has had a positive impact on the ability of the community to prosecute and raise awareness concerning sexual assault violence in courts. Generally, the form, scale, purview of sexual violence fundamentally pans based on how it is legally conceptualized and prosecuted in the court of law.

THE CRIMINAL AMENDMENT ACT 2013

In the aftermath of a gruesome and barbaric gang rape of a young woman in Delhi in 2012 which shook the collective conscience of the society at large and amidst the nationwide agitation and the collective demand for stringent rape laws, the “Criminal Amendment Act 2013” (Nirbhaya Act) was formulated by the Parliament, on the recommendation of “Justice J.S Verma Committee”. [9]The amendment bill was introduced in the Lok Sabha in December 2012 and was enacted within five months of the barbaric incident which triggered mass protests and the demand for progressive laws. Because of the increasing rate of crime and promotion of women safety, the amendment introduced paramount procedural and substantive changes in the existing laws in the field of the “Indian Evidence Act, 1872”, “Indian Penal Code, 1861” and “The Code of Criminal Procedure, 1973” concerning sexual offences.[10] The “Hon’ble Supreme Court” in the case of Sakshi v. Union of India[11], pointed out that the current interpretation of rape in adherence to section 375 of IPC, 1860 is a violation of the “U.N. Convention on the Elimination of all Forms of Discrimination Against Women” (CEDAW).

Recommendations

“The Law Commission of India” in its 172^nd report recommended that the word “rape” should be altered with the word “sexual assault”. The Verma committee was of the view that the word “rape” depicted strong societal condemnation and thus recommended to alter “outraging the modesty of a woman” with “Sexual assault.[12]Furthermore, the Verma committee also laid substantial emphasis on shaping the offense of rape “Gender Neutral”, which in turn would expand the scope of rape. Although the Verma Committee made a series of progressive recommendations, they weren’t wholly incorporated by the Parliament.

Enlarging the Purview of Actus Reus

The Verma Committee emphasized enlarging the scope of actus reus by the introduction of non-penetrative acts in the definition of rape and the fundamental focus on violation of “bodily and sexual integrity.” For instance, in the United Kingdom, penetration or even mere contact with a woman is termed as sexual assault, provided there is intent on behalf of the accused.[13] The definition of rape in India is fundamentally focused on the male understanding of sex, primarily due to the focus on penetration, while it does not emphasize female victim’s integrity. Enlarging the purview of the offence beyond penetrative offences will serve a legitimate objective and also lay emphasis on the “sexual and bodily integrity” of women and also provide a voice and redress of law for victims.[14]

Consent

For the very first time, the Amendment Act of 2013 defined “consent” concerning the offence of rape. Before the Amendment Act, The Courts of Law relied upon the judgment in the litigation of “Rao Harnarain Singh v.  State of Punjab”[15] for the definition of consent. The fundamental emphasis in the definition was laid on the “communication of consent in adherence to a specific sexual occurrence”, for instance, which meant that a woman could give consent to a “non-penetrative” act but that wouldn’t imply that she has given consent for a “penetrative act”, which would then in turn amount to an offence. Consent could be communicated in form of words, gestures, and also through verbal and non-verbal communication means. The Amendment Act distinctly stated that lack of resistance doesn’t amount to consent given. A primary dispute between the Verma Committee and the Parliament was for the determination of the “age of sexual consent”. “The Protection of Children from Sexual Offences Act, 2012” (POCSO), prescribed “the age of sexual consent” by a person as eighteen years. For instance, in the aftermath of the Criminal Amendment Act, having consensual sexual activity with a woman below the age of eighteen will amount to rape.

Marital Rape

Marital rape is considered one of the remorseless forms of violence against a woman which have a substantial impact on the “bodily and sexual integrity” as well the mental well-being of the woman.[16] The Verma Committee was because of marital rape being criminalized, but the parliament did not accept the recommendations because of protecting the “sanctity of the institution of marriage” and decide to resort to alternative remedies such as terming marital rape as grievous hurt.[17]

 “SECTION 53 A OF THE INDIAN EVIDENCE ACT 1872” AND THE CHARACTER OF A VICTIM

In adherence to the common law directives of procedure and evidence, recognized by the Indian Evidence Act, it is a well-implied fact that an accused is presumed to be innocent until proven guilty and the burden of proof lies on the prosecution to prove the guilt beyond a reasonable doubt.[18] In consonance with the principles of natural justice, rule of law, because of effective and speedy administration of justice and promotion of basic rights of sexual assault victims, the Parliament, based on the recommendation of the Law Commission of India (172^nd Report), scrapped “Section 155(4) of the Indian Evidence Act, 1872”[19] and inculcated Section 53A.

Section 53A[20] was inserted in the Indian Evidence Act which emphasized the notion that the victim’s “promiscuous character” or prior sexual history will not be considered accountable in the issue of consent or a medical examination. As quoted by a bench of Justices B.S. Chauhan and F.M. Kalifulla: “Sexual violence, apart from being a dehumanizing act, is an unlawful intrusion on the right of privacy and sanctity of a woman, which infringes her dignity, reputation, and chastity”.[21] Previously, Section 155(4) permitted the production of evidence concerning the general immoral character of the victim in the court of law, wherein the victim would have to bear the brunt of the mental harassment and humiliation in the court of law. Furthermore, Section 146(3) of the Indian Evidence Act, 1872[22] was also amended, wherein a proviso was added which pertinently made it impermissible to question the prosecutrix about her moral character.[23] In the case of “State of Punjab v. Gurmit Singh”, [24] the “Hon’ble Supreme Court” issued guidelines to the lower court that if a woman is proven to have a prior sexual history, the court couldn’t declare her of loose character

Furthermore, raising light on “Section 2 of the Sexual Offences (Amendment) Act, 1976”, during cross-examination, no question or evidence concerning the sexual experience of the complainant could be asked.[25] Thus, the offence of rape isn’t just a crime against women, but a crime against society at large and hence should be dealt with severely by the court of law.

THE IMPORTANCE OF DNA AND CIRCUMSTANTIAL EVIDENCE

Importance of DNA Evidence

The most accurate identifying evidence, Deoxyribonucleic acid (DNA), has enhanced into an invaluable tool in measuring guilt in rape cases. Taking into consideration the mere fact that in our “Criminal Justice System” ensuring conviction in a rape case is considered of paramount difficulty, DNA provides an identification of the perpetrators, and thus, DNA fingerprinting test plays a substantial role in improving the probability of prosecution.[26] For instance, in the case of “State v. Sushil Sharma”,[27]popularly known as the “Tandoor Case”, wherein the accused chopped the body of the victim into pieces and disposed of them at a Tandoor restaurant[28], was convicted prominently based on the DNA Evidence. DNA evidence provides a type of corroborative evidence to the court of law, which helps convict the accused in rape cases. DNA facilitates decision-making while allowing corroboration with the other evidentiary and extra-legal factors.[29] “Although there is no particular DNA legislation enacted in India, Sections 53[30] and 54[31] of the Code of Criminal Procedure, 1973 are extensively used in determining criminal cases”. Because of the Criminal Amendment Act of 2005, Section 53 was inculcated in the “Code of Criminal Procedure, 1973”, which mandated the scrutiny of the convict by a medical practitioner at the plea of a police officer. In addition to body fluids, fingerprint and hair samples are considered the most customary tangible evidence examined.[32] Furthermore, in adherence to Section 53A, examination of blood, hair, and fingernail samples using modernized techniques in the case of sexual offences were included in the ambit of the Section.

Admissibility of DNA Evidence in the Court of Law

The admissibility[33] of DNA evidence before the Hon’ble court largely depends on the precise and conclusive assembly, conservation, and authentication, which can thus persuade the court that it can be considered as reliable evidence. One of the fundamental challenges against the admissibility of DNA technology is that it violates the fundamental rights: Firstly, The Right to Privacy guaranteed under “Article 21 of the Constitution” and secondly, “The Right Against Self-Incrimination guaranteed under Article 20(3) of the Constitution”.[34]

In the case of “Schmerber v. California”,[35] it was held that although acquiring DNA evidence is constitutional, compelling DNA testing on an accused is in contravention to the right against self-incrimination. However, as mentioned above, given the onerous nature of rape prosecution, a compelling DNA test serves in the fundamental interest of society and thus outweighs the importance of the rights of the defendant against self-incrimination. Apprehending and ensuring accurate identification of the accused is a hard task and can have a psychological and traumatic effect on the victim. Similarly, in the case of “Govind Singh v. State of Madhya Pradesh”, [36] the “Hon’ble Supreme Court” held that fundamental rights are not absolute and must be subjected to restrictions based on captivating public interest. Furthermore, in the case of “Selvi v. State of Karnataka”,[37] the Constitutional bench held that “the matching of DNA samples is emerging as a pivotal tool for linking suspects to specific criminal acts”.

Value of Circumstantial Evidence

The general perception is that the jurist undervalues circumstantial evidence such as DNA and forensic evidence and overvalues direct evidence such as eyewitness statements and confessions when ruling a verdict.[38] It is a fact in law that due to the probabilistic nature of circumstantial evidence, even the strongest form of evidence will not be able to prove the defendant’s guilt beyond a reasonable doubt.[39] Edmund Burke was of the view that “Concurrence of well-authenticated circumstances compose a stronger ground of assurance, circumstances cannot lie”.[40] One of the fundamental problems concerning the value of circumstantial forensic evidence concerns “the evaluation of its probative value and not its reliability”. The “Last Seen” theory plays a prominent role in ensuring the conviction of the accused. In addition to the circumstantial evidence and taking into consideration the facts of the case, the court can convict the accused based on the theory mentioned above. Furthermore, the evidence must be pertinent and consistent, and the burden of proof shifts onto the defendant.[41] The concept of the Last Seen theory was fundamentally defined in the case of “Reena Hazarika v. State of Assam”[42]wherein the Hon’ble Supreme Court held that taking into consideration the facts and circumstances of the case coupled with the essence of the evidence formed a chain of circumstances leading to the inescapable conclusion. Furthermore, in the landmark case of “Machhi Singh v. State of Punjab”,[43] the “Supreme Court” upheld the decision of the trial court and the High Court wherein the concept of a “balance between aggravating circumstances and mitigating circumstances” was applied to establish the guilt of the accused involved in the rape and cold-blooded murder of a minor girl.  Also, a series of guidelines were laid down in the case for determining the award of the Death Penalty.

THE COMPLEXITIES IN THE PROCESS OF INVESTIGATION AND PROSECUTION IN CASE OF SEXUAL OFFENCES

 Statistics

According to the official report (2019) of the “National Crime Records Bureau” (NCRB) 32033 rape cases were recorded throughout the country, an average of 88 cases daily, and on an estimate, a sexual offense is committed every 15 minutes in India with a stark revelation that only 1 in 69 cases are reported.[44] Furthermore, in adherence to the official NCRB report, 88.7% of the cases are pending trial and the conviction rate has drastically dropped from 32.2% to 27.2% due to the inability to provide tangible evidence to establish the guilt beyond a reasonable doubt.[45] The numbers in themselves depict the complexities involved in investigation and prosecution in a case of a sexual offence. The astonishing increase in crime rate and the diminishing conviction rate is a serious matter of concern because of the principles of the administration of justice.

 Best Evidence Rule (Section 60 of the Indian Evidence Act, 1872)

The initial stages of a police investigation into a sexual offense include both legal as well as extra-legal factors. Firstly, legal factors indicate the evidence as prescribed by the statute, while extra-legal factors indicate the characteristics of the suspect and victim, injury, weapon involved, etc which play a substantial role in the founding decision. Factors such as the authentic collection of evidence, the strength and reliability of the evidence, and the number of witnesses (if any) play a substantial role.[46] Taking into consideration the Best Evidence Rule as prescribed under Section 60 of the Indian Evidence Act[47], which emphasizes the fact that oral evidence is considered as a primary and direct form of evidence. Oral evidence is considered as substantive and corroborative evidence and thus, shall be considered admissible in the court of law, provided the witness has direct and personal knowledge of the facts. The Rule emphasizes the notion that secondary evidence shall not be applicable if primary evidence exists. Furthermore, in the case of Sandeep alias Deepu v. NCT Delhi (Nirbhaya case),[48] it was held that the court shall rely on the statement of the victim provided that there is no chain of evidence available and the statement is consistent throughout the investigation. Thus, especially in a case involving sexual assault, the probability of witnesses being present at the crime scene is substantially low and thus, the statement of the victim must be given higher weightage.

THE ROLE OF THE JUDICIARY AND THE POWER OF JUDGES TO DEAL WITH CASES OF SEXUAL OFFENCE

Role of Judiciary

The Indian Judicial System is a pillar of the government which plays two fundamental roles, (i) Firstly, Interpretation of laws and statutes and (ii) Secondly, Judicial activism which means to go beyond the law and use its discretionary power to uphold the principles of justice, liberty, and equality. It is primitive to strike a balance between the enforcement of fundamental rights and social justice principles. The authenticity and existence of law must be preserved. The Supreme Court is a Guardian of fundamental rights and is termed as “Last Resort” wherein a citizen of the country has faith in the Supreme Court and approaches the court to seek redressal. In the modern scenario, the perception and approach of the judges towards rape victims have evolved and the judges use their discretionary power to interpret laws following the international conventions and treaties. [49]For instance, taking into consideration the case of “Vishakha v. State of Rajasthan”[50], wherein the Hon’ble Supreme Court rendered a landmark judgment and established the ground-breaking Vishakha guidelines on the fierce issue of “Sexual Harassment of Women at Workplace” (POSH Act 2013).[51] Judicial activism reached its pinnacle in the Vishakha case. It is primitive to preserve and uphold Rule of law and establish an impartial, independent, and equitable society. Taking into consideration the perspective of the society, the judiciary is termed as an impartial, honest body and thus restores the confidence of the society in the objective of the organization. Furthermore, under the ambit of “Article 21 of the Constitution of India” [52], the Right to Live does not merely include the right to exist but also the right to live with utmost dignity. It is primitive for the law to progress and be flexible in consonance with the development of society at large.

Fast Track Courts

“India has always had a well-built tradition of judicial activism aimed at social change and comprehensive laws crafted to combat sexual violence against women”. [53] The aftermath of the fateful night of December 16, 2012, which received unprecedented media coverage because of the alarming brutality, shook the common conscience of the society at large. The Timeline of the case led to the formulation of the Justice Verma Committee for investigation and recommendation of measures to amend the Criminal Justice System. The Verma Report provided a comprehensive report on the issue of women's safety in consonance with the United Nations Commission on the Status of Women in Beijing (1995). Taking into consideration, the backlog of cases in the courts as well as the increase in sexual assault cases in India, there arises a pertinent need for the formation of special courts to deal with rape cases within a stipulated time frame. The state being the guardian of our fundamental rights, it is the imperative duty of the courts to ensure a fair and speedy trial, the failure of which will result in a miscarriage of justice. .[54] Thus, based on the “Verma Report and The Law Commission of India”, “The Government of India formulated a scheme for the establishment of over a thousand Fast track Special Courts for the expeditious trial and disposal of rape cases in consonance with the POSCO Act.” [55]

Taking into consideration the Impact of the legal process as well as the social stigma of the society that has a prolonged effect on the physical as well as the mental well-being of the victim, the fast track courts in addition to their specialized pertinent subject matter, would operate on a streamlined time-frame wherein the trials should be completed within 2 months as well there the case should be heard daily.[56] Furthermore, the courts were empowered to deal with all “permutations of violence against women”. Justice Yogesh Khanna, who awarded the death penalty to all four accused in the Nirbhaya gang rape held that “These are the times when gruesome crimes against women have become rampant and courts cannot turn a blind eye to the need to send a strong deterrent message to the perpetrators of such crimes.”[57] Generally when a government is subjected to scrutiny across the globe, increase in prosecutions is the most common response.[58]

CONCLUSION

The sexual offence is considered a barbaric, immoral act which not only has a substantial impact on the physical and mental well-being of the victim but also shakes the common conscience of the civil society at large. Both the discouragement and pressure from the community and the lack of confidence in law enforcement, acting as a deterrent.  Legal and policy reforms are the need of the hour to address the pervasive and desecrate conventionalize thinking ideology surrounding rape.

“The Criminal Amendment Act, 2013” contributed substantially by amending the existing legal framework and introducing progressive laws, both procedural and substantive laws, in the three major Law enforcing and regulating acts, because of promotion and protection of women safety. Section 53A was inserted in the Indian Evidence Act based on the Law Commission Report (172^nd) and emphasized the notion that the victim’s “promiscuous character” or prior sexual history will not be considered accountable in the issue of consent or medical examination which in turn protected the right of the victim not to be subjected to the agony of being questioned about her prior sexual history in the court of law.

DNA evidence is considered one of the most techno-advanced forms of evidence, which provides an accurate and precise representation of the perpetrator, especially in sexual offense cases wherein the probability of the presence of other forms of evidence is minimal. As mentioned above, in the cases of State v. Sushil Sharma and Sandeep alias Deepu v. NCT Delhi are prominent illustrations of the fundamental importance of DNA evidence. Also, circumstantial evidence facilitates employing a direction to the case and can also be corroborated with other forms of evidence.

It is primitive to strike a balance between the enforcement of fundamental rights and social justice principles. The statistics in themselves depict the complexities involved in investigation and prosecution in a case of a sexual offence. Also, taking into consideration the astonishing increase in crime rate and the diminishing conviction, it is fundamental to impose a strict and severe punishment such as the death penalty which in turn will create fear in the minds of the perpetrators. Although fast-track courts have been instituted, it is essential to impose a reasonable timeline for the disposal of cases as well as a court-monitored investigation.

 BY- Kunal Yogesh Nadkarni,

Symbiosis Law School, Hyderabad.

 

 END NOTES

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[1] McGlynn C., Rape Trials and Sexual History Evidence: Reforming the Law on Third-Party Evidence. The Journal of Criminal Law, 81(5), 367–392, 2017.

[2] Jagadeesh N, Legal changes towards justice for sexual assault victims, Indian Journal of Medical Ethics, Vol. 7, Issue. 2, pg. no. 108, 2016.

[3] Briody Michael, The Effects of DNA Evidence on Sexual Offence Cases in Court, Current issues in Criminal Justice, pg. no. 159-181, 2002.

[4] Neil Kibble, Uncovering Judicial Perspectives on Questions of Relevance and Admissibility in Sexual Offence Cases, Journal of Law and Society, Vol. 35, pp. 91-107.

[5] Guidelines for Gender-based Violence Interventions in Humanitarian Settings: Focusing on Prevention and Response to Sexual Violence, Geneva, Inter-Agency Standing committee, 2005. 

[6] Article 21 of the Constitution, 1949: Protection of life and personal liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.

[7] Vibha Hetu, Human Rights Violation of Rape Victims: A Sociological Study in Delhi City, University School of Law and Legal Studies, February, 2011.

[8] Kim Thuy See linger, Robin Mejia (2011): The Investigation and Prosecution of Sexual Violence, Human Rights Centre, University of California.

[9] Aparna Viswanathan, A task only half finished, The Hindu, ed. June 10, 2016.

[10] Rituparna Bhattacharya, Criminal Law (Amendment) Act, 2013: Will it ensure women’s safety in public spaces? Space and Culture India, Vol 1, pp. 13-27, May, 2013.

[11] Sakshi v. Union of India, May 26, 2004.

[12] Mrinal Satish, Laws Relating to Sexual Violence in India: Constitutional and Human Rights dimensions, Journal of the National Human Rights Commission, Vol 15, pp. 225-246, 2016. 

[13] Section 3 of the (UK) Sexual Offences Act, 2003.

[14] Shraddha Chaudhary, Reconceptualizing Rape in Law Reform, 13 Socio-Legal Rev, 2017.

[15] Rao Harnarain Singh v. State of Punjab, A.I.R. 1958 PH 123.

[16] Bharat Ali, Age of Consent Catastrophe, The Tribune, May 21, 2012.

[17] Ravenna Rao, Criminalization of Marital Rape in India: Understanding its Constitutional, Cultural and Legal Impact, 11 NUJS Law Review, 2018.  

[18] T. Padma, Evidence as to Immoral Character of Rape Victim, Supreme Court Journal, April 20, 2012.

[19] Section 155(4) of the Indian Evidence Act, 1872: Impeaching credit of witness.

[20] Section 53A of the Indian Evidence Act, 1872: Evidence of the character of the victim or of such person’s previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent.

[21] Promiscuous character of woman can’t be ground of defense in rape cases: Supreme Court, The Indian Express, ed. May 17, 2013.

[22] Section 146(3) of the Indian Evidence Act, 1872: In a prosecution for rape or attempt to commit rape, it shall not be permissible to put questions in the cross-examination of the prosecutrix as to her general immoral character.

[23] Vaishali Bahubalendra, Relevancy of character under the Indian Evidence Act, 1872, Into Legal World, ed. August 15, 2020.

[24] State of Punjab v. Gurmit Singh, 1996 A.I.R. 1393.

[25] McGlynn C. (2017), Rape Trials and Sexual History Evidence: Reforming the Law on Third-Party Evidence. The Journal of Criminal Law, 81(5), 367–392.

[26] Stephanie Parks, Compelled DNA Testing in Rape Cases: Illustrating the Necessity of an Exception to the Self-Incrimination Clause, William and Mary Journal of Race, Gender and Social Justice, Vol, 7 Issue 2, 2001.

[27] State v. Sushil Sharma, 2007 CriLJ, 4008.

[28] Tandoor Case: High Court orders release of convict, The Hindu, ed. December 21, 2018.

[29] Briody Michael (2002): The Effects of DNA Evidence on Sexual Offence Cases in Court, Current issues in Criminal Justice, pg. 159-181.

[30] Section 53 of the Code of Criminal Procedure, 1973: Examination of accused by medical practitioner at the request of police officer.

[31] Section 54 of the Code of Criminal Procedure, 1973: Examination of arrested person by medical practitioner at the request of the arrested person.

[32] Joseph L, Steven Mihajovic, Forensic evidence and Police: The Effect of Scientific Evidence on Criminal Investigation, 1984.

[33] Neil Kibble, Uncovering Judicial Perspectives on Questions of Relevance and Admissibility in Sexual Offence Cases, Journal of Law and Society, Vol. 35, pp. 91-107

[34] The Role of DNA in Criminal Investigation: Admissibility in Indian Legal System and Future Perspectives, International Journal of Humanities and Social Science Invention, Vol 2 Issue 7, pp 15-21.

[35] Schmerber v. California, 384 U.S. 757 (1966).

[36] Govind Singh v. State of Madhya Pradesh, 1975 A.I.R.1378.

[37] Selvi v. State of Karnataka, May 5, 2010.

[38] Michelle Miranda, Sexual Violence perpetrated against women in India: Role of forensic evidence, International Journal of Comparative and Applied Criminal Justice, Vol. 41 Issue 1, 2017.

[39] Kevin Jon Heller, The Cognitive Psychology of Circumstantial Evidence, Michigan Law Review, Vol. 15 Issue 2, 2016.

[40] Edmund Burke, The Works and correspondence of the Right Honorable, Vol 1, 2010.

[41]Rajeshwar Rao, Last Seen Theory has to be established to convict the accused, The Indian Express, ed. September 30, 2019. 

[42] Reena Hazarika v. State of Assam, October 31, 2018.

[43] Machhi Singh v. State of Punjab, 1983 A.I.R. 957.

[44] Sujan Bandyopadhyay, A closer look at Statistics on Sexual Violence in India, The Wire, ed. May 8, 2018.

[45] Shemin Joy, Conviction rate for rape cases, Deccan Herald, ed. Jan 9, 2020.

[46] Melissa Morabito, Decision making in Sexual Assault cases, National Criminal Justice Reference Service, February, 2019.

[47] Section 60 of the Indian Evidence Act: Oral evidence must be direct.

[48] Sandeep alias Deepu v. NCT Delhi, A.I.R. 2012, SC 3157.

[49] Nitin Pathak, Role of Judiciary to provide better Justice to Rape Victims, International Journal of Law and Humanities, Vol.2 Issue.1.

[50] Vishakha v. State of Rajasthan, August 13, 1997.

[51] Prevention, Prohibition and Redressal Act, 2013.

[52] Article 21 of the Constitution of India: Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law

[53] Vandana Peterson, Speeding Up Sexual Assault Trials: A constructive critique of India’s Fast Track Courts, Yale Human Rights and Development Journal, Vol. 18, Issue 1, 2016.

[54] Gail Steketee and Anne H. Austin, Rape Victims and the Justice System: Utilization and impact, Social Service Review, Vol. 63 Issue 2, pp. 285-303, June, 1989.

[55] Over 1000 fast track courts set up for rape cases, TimesofIndia, ed. December 6, 2019.

[56] Criminal Law Amendment Act, 2013.

[57] Delhi-gang Rape Case: Death Sentence for all four convicts, TimesofIndia, ed. September 13, 2013.

[58] Mwape Mwenya, Fast-Track Trial Court to improve Justice Delivery, ZambiaDailyMail, Ed. February 3, 2016.