PANAJI
Good conviction rates in managing crime, is universally accepted as the barometer of a State’s record and is also known to be a crucial factor in crime control. It is on this front that Goa’s record is dismal “ sixth from the bottom of all Indian States.
At 19.8 per cent, Goa’s record in ensuring criminals are successfully tried in courts and sentenced, is far below India’s average of 50 per cent.
At the start of this year, poor conviction rates were flagged by none-other than Union Home Minister Amit Shah who said it had to go up if law and order is to improve.
Lack of in-depth scientific probe in routine policing
In Goa, the lack of in-depth scientific investigations in routine policing, is among the chief reasons, cited for poor conviction rates. At least three of several public prosecutors and assistant public prosecutors The Goan spoke to, have cited this lack of scientific approach by investigators as a major hurdle in ensuring a better average of convictions in criminal courts.
Delays in trial and prosecution
Delays in trial and prosecution is another, they say.
Also cases pending for trial before courts in Goa are piling up. Close to 90 per cent of the crimes are pending in the courts for trial, making speedy trials an exception rather than the norm.
The most dismal conviction rate is in crimes against women. According to official statistics, in cases of crimes against women is again much below the national average of 26.6 per cent. It’s even worse in the case of crimes against children at 13.8 per cent.
Overall, Goa’s conviction rate in all crimes under the Indian Penal Code (IPC) is just 19.8 per cent, again far below the Indian average of 57 per cent and trials are pending before courts in Goa in more than 15,000 cases.
The blame game
What is it then that contributes to this abysmal showing in terms of the prosecution’s success rate in achieving a conviction in criminal trials?
If you ask the many public prosecutors and assistant public prosecutors Goa has, they are quick to blame the police for “poor investigations”. The men in uniform, on the other hand, blame the delays in trials, witnesses turning hostile due to lack of witness protection laws, among other reasons.
“There is no way you’ll get a conviction if the investigative work is poor and the evidence produced is weak,” said a senior public prosecutor with more than 15 years of experience.
He lists better co-ordination between the investigating police officer and the prosecution department as quintessential.
“The prosecutor (lawyer) takes over the case only after investigations are completed and evidence is brought to the table. We need to come in alongside the police officers soon after the FIR is registered and investigations begin,” he said, not wanting to be identified as he is not authorised to speak to the press.
Lack of evidence?
In most cases where the prosecution fails, it’s ‘lack of evidence’ which is cited in judgements as the cause.
Police officers on the other hand are critical of the generally time consuming criminal justice system, perennially plagued by delays in trials due to backlog of cases.
“Long delays tend to put off witnesses. Many a times, they (witnesses) turn hostile or deviate in their testimony recorded during the trial because of delays sometimes due to genuine loss of memory. Also, the lack of proper witness protection laws in the country leaves them vulnerable,” said a senior police official.
