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Protect victims

Last Updated 01 April 2011, 16:05 IST

A fast track court’s conviction of movie actor Shiney Ahuja on charges of rape and criminal intimidation indicates that justice can be done if the country’s courts and its law and justice machinery are determined to nail the guilty. After sexually assaulting his 20-year-old domestic help, Ahuja had tried every trick in the book to avoid having to face the long arm of the law. The help was reportedly threatened to ensure she would not go to the police. When she did, every effort was made to undermine her credibility by maligning her reputation. Initially, the actor denied the rape charges levelled against him.

But later he admitted to having sexual relations with her, albeit of a consensual nature. In September last year, even as the trial was on, the maid retracted charges, claiming that she had been persuaded by a previous help to press false charges against Ahuja. Given the weight of medical and DNA evidence against Ahuja it seemed obvious that she had backtracked either due to pressure or allurement. Fortunately, the court stood firm in its pursuit of justice. It rejected her deposition before the court, choosing to take note of her statement before the magistrate. Based on this, the medical evidence and the DNA match, the court has now convicted Ahuja. The actor has been given a seven-year rigorous imprisonment.

Convictions in cases of rape are rare in this country. This is because assailants often use intimidation to silence the victims. There are social pressures too that prevent victims from going to the police and the courts. Initially, Ahuja’s maid overcame her fears and inhibitions to go to the police but relentless pressure saw her withdraw her charges.
However, the court has allowed textile tycoon Abhishek Kasliwal to get off the hook. Kasliwal was charged with raping a 52-year-old woman but the court has acquitted him. In this case too, the victim was under immense duress; she vanished mysteriously for several months. Thus our courts have a patchy record when it comes to ensuring justice when the rich and the famous are in the dock. Especially in such cases, it is the responsibility of the court to ensure the safety of the victim. Courts must understand that victims are bound to change statements under pressure; so to drop charges on this account will not further the cause of justice.

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(Published 01 April 2011, 16:05 IST)

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