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Is This the True Justice? Can't We/Apex seat of Justice do Anything here ?

edited February 2016 in Ethics
Newspaper says-

"4 Aquitted in GANGRAPE case after VICTIM/FAMILY TURN HOSTILE !! Husband says "We were threatened."...!!


Shouldn't we ashamed of ourselves..??..Everyday we hear news of such incidents where Victims famliy turning hostile in the mid of trial..!!..Any sane person will know That this is a white fib..can't our Courts-the fountains of justice-do Anything in this regard?...Can't we ensure True Justice for such families anytime in future ?.. How do you see it ?..Why this happens..??..How the scenerio can be changed so that everyone gets the True Justice ??..Is there any Legal solution for such incidents ??..Can't we go for French system of justice where Judges have power to Reopen the case and cause inquiry even with a slightest indication of Injustice in such cases..is it the time to revisit the principle

"LET 1000s OF GUILTY GO FREE BUT NO INNOCENT SHOULD BE PUNISHED.."..

SHOULDN'T WE TRY TO IMPROVE THAT ...

"LET NO ONE GO UNPUNISHED IF S/HE IS GUILTY "


People say Law works on Evidence not feelings..!!..Isnt such incidents are a Slap on the face of our Democracy and our Justice system ??


Please @all give a think..Shower your views..Enlighten us with your views.. How you look at this?..What can be done??..What we can do ??..

Ps- Be brief and to the point.. Don't Be a cynical.. Be a critic.. give Tangible,Practical and to the point solution. Absolutely no Bakar..But do invite all Bakarbaz of forum and All other experienced souls .. :) IS ISSUE PE THODA SOCHNA TO BNTAA H G..!!
Being IAS... 4 U Onlyyy... :-)


" Woods are lovely dark and deep..
But I have promises to keep..
But I have promises to keep..
And miles to go before I sleep.. before I sleep. " :)

#HumHongeKamyaabEkDin :)

Comments

  • Court can act only if "evidence is produced before it". Producing/procuring evidence is job of police and that is where the fault lies.

    We need to properly train the police officers and digitalise the process, thereby minimising the loopholes of evidence tampering.

    Unfortunately our police is busy in moral policing but lacks moral principles.

    To see the courtroom reality kindly visit your district court you will be appaled by the situation there. One movie was also made which showed the reality of court and the complex procedures followed there and how a common man suffers.
    The movie was named "Court". A brilliant movie, must watch.
    Man is sometimes extraordinarily, passionately, in love with suffering.
  • Found something really relevant and interesting -

    http://googleweblight.com/?lite_url=http://www.legalserviceindia.com/articles/hostile_w.htm&ei=LCeZ28Lb&lc=en-IN&geid=10&s=1&m=53&ts=1455172573&sig=ALL1Aj7mDZaTkdU_g8KaEKTY8yvCMntaew


    Key points -

    1)The Judge here ignores this fact and does not even file a complaint against him. The amount of pending cases of the judges makes them indifferent towards the problem. At times they feel that if one or two witnesses turn hostile then it would simply ease their burden, as they have large number of cases to try. Here if the judge acts as per section 165 of evidence act then there may be a situation when the witness may be cross examined by the judge himself so that he may not be influenced by the adverse party.

    2)The Malimath Committee Report on "Committee on Reform of Criminal Justice System" , wherein the Committee emphasized 'inter alia', "on the duty of the judge to search for the truth", " assignation of pro-active role to the Judges", "empowering Judges to give directions to investigative agencies in the matter of investigations"; It should however be pointed out that the Committee "expressed itself against a wholesale transformation to inquisitorial system", it suggested further that Section 344 of the Code of criminal procedure, may be suitably amended to require the court to try the case summarily once it forms the opinion that the witness has knowingly or willfully given false evidence or fabricated false evidence with the intention that such evidence should be used in such proceeding.


    3) Judicial Remedy
    The malady afflicting our criminal justice system is much more deep-rooted. Cosmetic changes just won't do much to deliver justice. The system requires a comprehensive revamp. The V S Malimath committee on reforms of the criminal justice system prepared an outline for such a wide-ranging correction in 2003. For a situation like the Jessica Lal case, where witnesses refused to support the prosecution's case, the committee has suggested the following measures : -
    1. Holding in-camera proceedings,
    2. Taking measures to keep identity of witnesses secret,
    3. Ensuring anonymity, and
    4. Making arrangements to ensure their protection.
    5. Witnesses in court should be treated like guests of honour;
    6. They should be adequately compensated for spending money on travel and accommodation;
    7. Comfort, convenience and dignity of witnesses while deposing in the court of law should be ensured; and
    8. A law for protection of witnesses should be enacted as there is no such law in India.
    9. Constitution of a National Security Commission at national level and a State security commissions at state level.


    4)and loved the conclusion part most..you must read..it's an interesting topic and most importantly IN SYNC WITH POLITY SYLLABUS AND CURRENT Trends of UPSC ASKING Such issue based questions !!!
    Being IAS... 4 U Onlyyy... :-)


    " Woods are lovely dark and deep..
    But I have promises to keep..
    But I have promises to keep..
    And miles to go before I sleep.. before I sleep. " :)

    #HumHongeKamyaabEkDin :)
  • i love feminists
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