WHEN PARADISE IS LOST TWICE: HASINI AND THE SILENCE OF JUSTICE

Abstract

This communique is a brief critique of the proceedings and Judgment in an heinous crime against a seven years young girl child whose charred body was found in Chennai in 2017, which happened after the 2012 Nirbaya Delhi gang rape. The Supreme Court acquitted the sole accused who was sentenced to death under various provisions of penal laws including POCSO Act and the Madras High Court confirmed the capital punishment through a detailed 54 pages judgment. Thus the acquittal came as a shock to the author and hence this critique, which is born out of the study of the proceedings of the Supreme Court and judgments. Supreme Court finding fault with the prosecution case based on certain procedural aspects, including planting of evidence, by the law enforcement strangely stopped with acquittal. The Supreme Court did not order any investigation, which it could under Article 142 – for complete justice, which includes justice to the victim, her family and society at large and not a tool available only for the accused. The Court did not even order a department enquiry or proceeding against the police officials despite the judgment castigating the investigating officers. In the article the authors critiques the approach and one side decision of the highest court of the country and shows how the dead child victim was deprived of justice.