Speedy trial a must in rape cases: Justice Sathasivam

NEW DELHI: Justice P Sathasivam,
who will take the baton from Chief
Justice of India Altamas Kabir next
year as head of the country's
judiciary, on Monday said speedy
trial was a must not only in the Delhi
rape case that has sparked
spontaneous public protests but also
for all such incidents across the
country.
"Fast track courts and day-to-day
trial is a must in all rape cases, in
which the police too is required to
complete investigation expeditiously
and scientifically to present cogent
evidence before the trial court,"
Justice Sathasivam said. The Delhi
High Court has already ordered day-
to-day trial in the Delhi incident and
approved setting up of fast-track
courts for this purpose.
At a time when the public and youth
are out on the streets of Delhi, Justice
Sathasivam assured them that the
judiciary would take adequate
measures to ensure speedy trial in
cases relating to sexual assault of
women.
"The judiciary is aware of the
situation and is in the process of
taking adequate measures in this
regard. I will request the public not
to resort to violent methods of
protest," he said and promised that
he would soon take up at the first
available opportunity the issue at the
meeting of the judges in the Supreme
Court.
Justice Sathasivam, who is number
two in seniority among Supreme
Court judges, expressed the
judiciary's concern over the manner
in which investigation was carried
out in rape cases and the delay in
dispensing justice.
"Filing of chargesheet in rape cases
and crimes against women must be
prompt and trial must take place on
a day-to-day basis. Adjournments in
the trial proceedings must not be
granted as a rule, except in
exceptional circumstances," he said.
On the tendency of rape accused to
move appellate courts against
interim orders of trial courts, the
Supreme Court judge said high
courts and the Supreme Court must
decide the appeals on a priority basis
so as not to delay the trial
proceedings.
Justice Sathasivam, while writing
judgment for a bench in a 2010 rape
case, had said that trial courts must
attach significance to a rape victim's
statement against the accused.
In the case Santosh Moolya v State of
Karnataka, Justices Sathasivam and R
M Lodha had in April 2010 ruled,
"While appreciating the evidence of
the prosecutrix (victim), the courts
must always keep in mind that no
self-respecting woman would put her
honour at stake by falsely alleging
commission of rape on her and,
therefore, ordinarily a look for
corroboration of her testimony is
unnecessary and uncalled for."
In an October 2011 judgment in a
rape case (Mohd Imran Khan vs
Government of NCT of Delhi), Justices
Sathasivam and B S Chauhan had
said, "The rapist degrades the very
soul of the helpless female and,
therefore, the testimony of the
prosecutrix must be appreciated in
the background of the entire case
and in such cases, non-examination
even of other witnesses may not be a
serious infirmity in the prosecution
case, particularly where the
witnesses had not seen the
commission of the offence."