Set up high-level committee to examine acquittal of gangrape convicts: DCW to Union home secretary

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Delhi Commission For Women (DCW) on Thursday sought the formation of a high-level committee to examine issues leading to the acquittal of convicts by the Supreme Court in the 2012 gangrape and murder case of a teen.

DCW chief Swati Maliwal in her letter to the Union home secretary called the acquittal a result of "poor investigation" and "problems in trial".

The Supreme Court, while acquitting the accused who had been accorded the death penalty by High Court and the trial court, highlighted improper investigation conducted by Delhi Police along with certain lapses during the trial, she said.

In the letter, Maliwal stated that even when the forensic evidence incriminated the accused persons, the callous manner in which various processes were followed raised an element of doubt which ultimately benefitted the accused persons.

She has further informed that the case shall have a far-reaching impact on ongoing rape cases and the systemic issues pointed out by the Apex Court must be corrected.

Maliwal has recommended that a high-level committee be urgently constituted which includes the home Secretary, police commissioner, DCW chairperson and other senior officers to suggest comprehensive reforms to strengthen the functioning of Delhi Police, forensic laboratory as well as trial courts.

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Further, directions should be issued to Delhi Police to ensure forensic samples are sent to the laboratory within 48 hours of collection and if the time limit is exceeded, strong action must be taken against the concerned officers.

"The fact that the perpetrators roam free is a matter of national shame and has an extremely demoralizing effect on the women and girls of the country. This case shall have a wider implication on several other ongoing rape cases in the country and the issues raised in it need to be urgently examined," Maliwal said.

"I request the Government of India to look into the matter seriously and take corrective actions in the matter," she added.

The Supreme Court on Monday acquitted three men sentenced to death for the gangrape and murder of a 19-year-old woman in Delhi's Chhawla area. The apex court noted that the prosecution failed to provide leading, cogent, clinching and clear evidence, including those related to DNA profiling and call detail records, against the accused.

In 2014, a trial court termed the case "rarest of rare" and awarded the death penalty to the three accused. The judgment was upheld by the Delhi High Court.

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