Acquittal in Rape Trial

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I am a civil lawyer, and criminal trials are done only for the money involved in it.  Yet, when a civil lawyer conducts a criminal trial, the whole thing becomes super fun. This was a trial under S.376 IPC – Rape. Rape trial is considered to be the most difficult among various criminal trials. The word of the victim ‘that accused ravished her’, is enough to convict the accused. Even murder trials are far easier, as the dead will never come to court to give evidence against the accused. But, in a rape trial, the victim will come to court, and her statement decides it all.

In most occasions, rape trial ends in conviction, unless the parties compromise to an acquittal. In this case, there was no compromise, and the acquittal was hard earned. The trial got twisted on failure of the prosecution to produce a prior statement of the victim  before the court. A rather minor technicality, but exploited with several civil citations, to free the accused.

However, once the order of acquittal was pronounced, my client was nowhere to be seen. I received only a portion of the agreed fees and rest had to be accounted to unrecoverable loss. A big lesson learned – collect whole fees beforehand in criminal cases, unlike in civil cases.

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