Delhi Bus Gang Rape: Will Accused Get Fair Trial?

Norman MailerIt has now been one month since a girl stepped in a Delhi bus with a friend, only to be mauled by six savage men who made rape a game then and there. The unequal fight had left the two bright persons almost dead on the same Dec.16 night. But as their countrymen needed to be told a story – an another brutal rape saga albeit differently – this time 24×7, the accounts of rod raping, attempted killing, road dumping and non emergency care shook every nerve. And with the police arresting all the accused in a very short span, the demand for fast-tracking the case and hanging the guilty gained momentum across the nation.

Few days later when the girl victim died, hearts of the billion plus Indians sank. There was more anger on the streets, and every pair of asking eyes seemed to be thundering — ‘Look you men, you have a rape problem. Now tell me how are you going to handle this!’ There was unison in the voice – both men and women stood together. The anger appeared justified. News anchors and street protesters also posed heavily against the accused, almost holding all six of them guilty of a crime India would not listen again.

It appeared as if there wasn’t anything unresolved in this case and that all the persons guilty of the crime had been arrested and as such they be punished immediately with death, in a manner that would bring justice to the victim’s family and also act as a deterrent. Under these circumstances the case finally went to a city court, in Indian capital city New Delhi, that is now seized with the matter.

Imagine how difficult would it be for the judge to oversee and conduct the such trial that would certainly get the highest of the attention of the citizens and the government as also the opposition, media and all involved, like higher judiciary, entire legal fraternity, victim’s family and the prospective rapists.

“Will the accused (in this case) get a fair trial,” I asked a noted lawyer, politely requesting him to answer in either yes or no.

“Yes,” he said after a quick thinking.

Many would not agree to this – a fair trial for the accused! But remember, this case isn’t as black and white as it seems. Then the judge is also a human being who lives in the same society and is bound to determine as per perceptions that may be influenced by various facts and circumstances. But the countrymen should be sure of at least one thing at the end of this trial  – that the court will (also) deliver justice and not just mere judgment.

India has seen some sustained campaigns in the past, more prominently in cases related to Aarushi Talwar and Jessica Lall. But this time every woman in the country is so rightly willing to fight back. And she is not alone in her battle. The writing on the wall is also very clear – Any inhuman who cannot be reformed should be removed.

What are you upto? Are you ready with strong determinations? Merely condemning or criticising won’t do. You are an important person. You have to make your legal system POTENT enough to CATCH, CONTROL and CONFINE every PERVERT till the last COUGH. Come forward. The case may proceed like an ordinary trial. But then all the rules are to be followed. The accused must get all the rights so that they can defend themselves at every opportunity. At the end justice must prevail.

As for the outcome, rest assured. There are four very strong grounds against the accused:

  1. Dying declaration of the victim
  2. Account of the injured witness who is also an eye witness
  3. Medical examination reports &
  4. Forensic evidence

In all these, there may be some (or many) contradictions as the case would progress; there may be unfair investigation also. But, the guilty will not go scot free this time. The accused have not got high-priced influential names as their lawyers but India can trust a judge this time – the whole country of men, women and rapists will be watching THAT COURT, until their attention gets diverted to another line of control.

6 comments

  1. Fair trial is relative to the accused and the victim. What is fair trial for the accused may not be so to the victim. Going by this logic, even Manu Sharma got a fair trial and was acquitted initially. Then he got another fair trial and was sent to jail. Two ‘fairs’ worked here.

    Why is there so much talk about summary hanging or chemical castration of the rapists in this case? Because citizens feel that they have always been taken for a ride. If the law doesn’t serve the interest of the people, whose interests is it serving then, is the question.

    We should ask the parents of the victim how would they feel redeemed. Their answer, and nobody else’s, is the truth. The public didn’t suffer at the hands of the 6 accused; they only went to India Gate in solidarity.

    We make a public spectacle of personal tragedies and talk academics. The person who ultimately suffers is lost in the complex maze of ‘fairness’.

    “When I look up, I see people cashing in. I don’t see heaven, or saints or angels. I see people cashing in on every decent impulse and human tragedy.” — Catch 22, Joseph Heller

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  2. Justice will be delivered in this case. I am positive. But what I am not optimistic is that thousand other victims every day will get justice. Does it take this amount of outrage and media attention to get justice every time?

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