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(PDF) Sexual Assault, Criminal Justice and Law and Order

   

Added on  2019-12-03

4 Pages1109 Words193 Views
Criminal courtObservations1

CASE IN MAGISTRATE COURTI had visited Magistrate Court on 12th November in the evening to view criminal courtproceeding on sexual offense. Magistrate Court has strong commitment towards the cases ofsexual assault. This case was assisted by District Judge. In this case, parents of the abused personhad claimed on the defendant for the sexual abuse during the coaching classes. Defendant wasmale and of 30 years. In accordance with the claim made by the innocent party, defendant wasaccused of physical abuse towards the students during the extra classes. In magistrates courts less complicates cases are judged either by magistrates or layjudges. At the time, when I entered into the court there was little sound by the civilians. Further,there was discussion between prosecutors and their assistants. Solicitor of the abused party waspreparing for the case by considering the case facts in proper manner. After some time,magistrate entered into the court and every one was silent. Case proceeding was initiated with thepublic prosecutor. They had summarized the case in following manner:“Defendant Mr. A. had called for the individual extra classes after the completion ofnormal tuition hours for weak students on Saturday evening. In accordance with the providedtime schedule B (abused party) had arrived at the coaching classes. After completion of thesubject matter, Mr. A had tried to touch B in an inappropriate way. Despite of the fact that, B isnot comfortable with his touch Mr. A continued his action. As a consequence, B ran away fromthe classes and informed her parents for the same.”After the completion of the summary, solicitor of the accused party had argued with thecase facts of public prosecutor. In the defence of Mr. A, he had stated that touch was genuinethere was no intention of harassment or physical abuse. However, this fact was objected bypublic prosecutor by providing brief of the accused party. Public prosecutor provided evidence ofexperience by the ex-students and their parents in written with their signature. In theirstatements, it was clearly stated that character of Mr. A is not good and same incident has beenoccurred previously. Solicitor of the accused party said that these statements are not true as Mr.A is reputed teacher.After consideration of all the case facts, Magistrate held that Mr. A is guilty for theintention of sexual offence with B. Option of plea bargaining was provided to Mr. A for the2

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