Crime Scene Investigation in Sexual Offences

Crime Scene Investigation in Sexual Offences

CIRCULATED FOR LEGAL ASSISTANCE IN SEXUAL OFFENCES (RAPE AND POCSO CASES)

The proper and fair Investigation decides the fate of the cases but it can only be done when it is done with the intention to get justice to the victim in the true cases as well as the accused in false cases. Not judge but the IO is the only person who knows the truth of the victim and the accused since the initiation of the case because IO visits the crime scene, collects evidences, examines the witnesses etc during the investigation of the case, here we can say that IO is the first Judge of the case.

I am discussing the pointwise procedures to be conducted during investigation precisely and easy and effective steps which would be helpful to the IO in the investigation in cases of sexual offences.

MANDATORY PROCEDURE TO BE CONDUCTED DURING INVESTIGATION

• Rukka/ F.I.R. (Immediately lodge an F.I.R without any Delay)
• Immediately inform to the Crime Team without any delay.
• Photography of Crime Scene should be done.
• Preservation of physical evidences (clothes, Bed Sheets etc) and Seize the same.
• Collect Biological fluids & preserve the same and send to FSL immediately so that the biological evidences do not get destroyed.
• Collect FSL Reports of Exhibits and file it timely with the chargesheet.
• Medical examination of victim/accused immediately, Citing the Doctor as witness along MLC and supply the copy of MLC and F.I.R to the Victim
• Preservation of CCTV footage immediately and Citing the witness along with 65 B IEA Certificate. (DVR can only store 3-7 days CCTV Footage)
• Preservation of CDR, Location Chart, CAF etc of the Victim and accused & Citing the Nodal officer as witness along with 65 B IEA Certificate. (Mobile Subscriber can only have CDR etc Records for one year)
• Age Proof of the Victim (Child Victim) Citing witnesses (Principal/MCD official etc)
• Bone ossification test to be conducted in case of non-availability of documents related to the age proof and file the Bone ossification reports, (Citing The members of medical Board/Doctors as witness)
• Statements of victim (161/164 CrPc) Citing the MM as witness,
• Statements of witnesses(officials/Public)
• Site Plan(Signed By witnesses)
• Recovery of the weapon/medicine/mobile phones of Victim / accused.
• Seizer Memo(Signed By witnesses)
• Disclosure statement of accused.
• Arrest Memo (Justice DK Basu Guidelines) (Signed By witnesses)
• Conviction Slip and Previous involvement of the accused if any.
• Io must file the Detailed investigation report by explaining the chain of incidents by corroborating collected evidences beyond reasonable Doubt

Easy and effective steps during investigations in Sexual offences

I hereby discuss the easy and effective steps and such extra efforts that can be taken by the IO in order to make investigation effective and trustworthy.

IO should Convince the victim for internal medical examination/Medical examination and tell them the process of medical examination in easy language prior to the medical examination in order to remove the mental fear of medical examination and IO should not leave her alone to face the same in Hospital  as the Victim needs mental and physical support during the medical examination.

IO should ask about minute things about the incident privately and ensue the secrecy of the incident. IO should remove the fear and pressure of the victim by Guiding and counselling the victim to disclose and narrate the whole incident with injuries to the MM at the time of recording 164 CrPC statements and even in Trial proceeding.

IO should Build trust and confidence in victim as well as her family members. He should behave just like a friend and well wisher.

IO should Avoid waiting time / delay in proceedings /several visits of the victim & her family members in PS or Court by victim and her family members as they may feel harassment.

IO Should Never make any comment or blaming / judging the victim.

IO Shouldn’t use interrogation techniques with the victim while asking questions regarding the incident.

IO should calculate the actual losses of the victim and guide & support her immediately for victim compensation accordingly.

IO should take proper care not to disclose the Identity of the Victim and her family members while investigation as well as in documentation.

Investigation must be completed within twenty days or in prescribed period as per Law but it does not mean that the quality of the investigation should be compromised by avoiding the recording of important witnesses and other evidences to file the charge sheet in hurry manner.

The efforts of collecting material evidences must be done in order to corroborate the testimony of the Victim and secure the conviction within a time frame.

The efforts put in and the standard of investigation carried out by the IO of the case also affects the advocate's capacity to argue on the facts of the case and the law point involved in a case and finally impacts the judge’s capability to reach on a conclusion as to the innocence or guilt of the accused person.       

BY TABSIH SAROSH