THIRUVANANTHAPURAM: The verdict in Vandiperiyar case is the latest example of police laxity in POCSO cases without serious investigation and collection of scientific evidence.

In many cases, the accused escaped due to lack of vigilance by the police. Most cases end without evidence. Accused are convicted only in 18.32 percent cases. Even though no settlement is possible according to law, the police call the victim and the accused to the station and conduct mediation. It is also customary to weaken the case by documenting that the child refused a medical examination.

ADGP MR Ajith Kumar, who is in charge of law and order, had recently submitted a report to the Human Rights Commission, openly admitting the lapses of the police in the POCSO case investigation. The ADGP's revelations include delay in completing the investigation, failure to collect evidence and failure by the higher officials to supervise during the investigation and trial.

The High Court is now considering the recommendations of the police to waive the lack of evidence and to increase the punishment. The recommendations are that the confidential statement of the victim and key witnesses should be recorded in the court and the evidence should be scrutinized by the District Nodal Officer of POCSO cases. If the victim changes allegiance, the victim compensation paid till then should be taken back. In cases where relatives are accused, the safety of the victim should be ensured. The victim should be visited regularly by the Victim Liaison Officer. Recommendations such as informing the court if the accused tries to influence people are also under consideration by the High Court.

Low punishment rate

Out of 1255 cases that were tried during 2013-18, the accused were convicted in only 230 cases. When the trial was completed in 282 cases in Kozhikode, the accused were convicted only in 23 cases.

Frustrating questioning

• Calling the victim and family members to the station and conducting a marathon statement collection.
• There are many people who get fed up with the questioning at the station and drop the case.
• A female SI is the one who should take the statement but a male officer does this instead.
• The victim should not be called to the station. The rule is to visit their home and take their statement once.

Can get the death penalty

A POCSO case is punishable by a minimum of 3 years to life imprisonment and death penalty if the victim dies. The announcement that a special unit headed by DYSPs would be formed for the investigation did not materialize.

3872 POCSO cases till October. Highest number in Thiruvananthapuram-488