In such rape cases, there are cases also of consent of the victim. Victim and accused both may be teenagers. But Law says that Consent of a minor is no consent.
This is basically a Civil Law Concept incorporated in Criminal law.
But in criminal law, conduct of witnesses and victim is relevant. It is an important evidence available to accused.
This defence is denied or not taken into consideration by law in such cases. Legal presumptions of guilt are drawn by court. Burden is cast on accused to prove innocence. Sometimes it is impossible to prove a negative.
The abuse of law or false accusations is possible. Particularly when corruption is perceived in evidence collecting agencies.
Same is situation in POSCO cases. It's aim is to protect children. But its provisions are capable of misused because it draws presumptions.
When there are too many Laws in same area, selective application of laws takes place. In some cases, POSCO will be used and in some it may not be used. This brings corruption in investigative agencies.
The laws should be few and clear. Provisions should not be capable being misused against innocent.
Haresh Raichura
28/12/14
Copyright : Haresh Raichura 2014. All Rights reserved.
