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Correspondent

23 August 2024 at 4:29:04 pm

Swift Justice

The rape and murder of a three-and-a-half-year-old girl in Maharashtra’s Nasrapur village was one of those crimes that momentarily dissolves the distinction between legal outrage and moral revulsion. Such acts seem to defy language as much as law. The Pune Special POCSO Court deserves commendation for demonstrating that justice need not be paralysed by delay. Its decision to sentence the convicted perpetrator, Bhimrao Kamble, to death within two months of the crime was notable not merely...

Swift Justice

The rape and murder of a three-and-a-half-year-old girl in Maharashtra’s Nasrapur village was one of those crimes that momentarily dissolves the distinction between legal outrage and moral revulsion. Such acts seem to defy language as much as law. The Pune Special POCSO Court deserves commendation for demonstrating that justice need not be paralysed by delay. Its decision to sentence the convicted perpetrator, Bhimrao Kamble, to death within two months of the crime was notable not merely for the punishment imposed, but for the court’s insistence on an unbroken chain of forensic and circumstantial evidence, scrupulous adherence to due process, and a reasoned application of the “rarest of rare” doctrine. The Nasrapur case demonstrates that the criminal justice system can function with remarkable efficiency when its various arms work in concert. The court proceeded without avoidable delay while ensuring due process. Conviction came within sixty days of the crime, followed swiftly by sentencing. Such timelines should be exceptional only because every criminal trial ought to aspire to them. This matters because deterrence rarely flows from the theoretical existence of the death penalty. Criminological research across jurisdictions has struggled to establish that capital punishment, by itself, prevents violent crime. A justice system that delivers certainty is a greater deterrent than one that merely promises severity. Long delays, hostile witnesses, poor investigations and collapsing prosecutions weaken public confidence far more than the absence of harsher laws. India scarcely suffers from a shortage of stringent laws. Successive amendments to criminal legislation and the Protection of Children from Sexual Offences Act have steadily increased penalties over the past decade. The larger deficit has been institutional capacity, be it competent investigation, scientific evidence gathering, witness protection and efficient adjudication. The verdict serves as a reminder that justice ultimately depends on institutions that function, not merely on laws that promise severity. The debate over the morality or efficacy of capital punishment is unlikely to disappear. But whatever one’s position on the death sentence, few could dispute the importance of a judgment rooted in painstaking evidence rather than emotional clamour. The Nasrapur case exposed the uncomfortable truth that the convicted man had acted with a sense of impunity, emboldened by his criminal history. This points to a recurring institutional failure. Dangerous repeat offenders cannot be allowed to slip repeatedly through administrative cracks. Effective policing is not merely about solving crimes after they occur; it is equally about identifying habitual offenders, monitoring them appropriately and preventing opportunities for further violence. The true precedent of Nasrapur should be that every victim, irrespective of public attention or political pressure, receives an investigation anchored in science, a prosecution built on evidence and a trial conducted without needless delay. Justice earns public confidence not because it is swift or severe in isolation, but because it is both scrupulous and certain.

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