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Govindachmays Middle-aged man to R.K.

Laxmans
Common Man .
Conscience of the society is hurt by the fact that yet another
sister of theirs had been denied justice. While sustaining the
conviction for rape acquitting the accused Mr. Govindachamy
for the offence of murder the Courts observed as follows .. It
is the further case of the prosecution that P.W. 4 - Tomy
Devassia and P.W. 40 - Abdul Shukkur were also traveling in the
general compartment attached in front of the ladies
compartment. According to the prosecution, the said witnesses
heard the cries of the deceased. P.W. 4 wanted to pull the
alarm chain to stop the train but he was dissuaded by a
middle-aged man who was standing at the door of the
compartment by saying that the girl had jumped out from the
train and escaped and that in these circumstances he should
not take the matter any further as the same may drag all of
them to Court. .. This part of the deposition had become fatal
to the prosecution case .The Mysterious middle aged man
played a crucial role in ensuring the brutal acquittal in favoiur
of the accused for the offence of murder .
Society has reasons to be concerned when offences are
committed. We have seen instances in which the entire law
imposing the
punishment and sentences for a particular
offence in itself being amended after gruesome incident
happen in the society. Many a times, those amendments have
not changed nothing apart from the literature in the statute
book . If there were any change by virtue of those amendments
like the one which was brought to the Indian Penal Code after
Nirbhayas case, in the year 2013, there should not have been
any other rape thereafter. There should not also be any
acquittals of the alleged accused in any of these criminal acts.
Yet every day one wakes up to see shocking incidents of
offences like kidnapping and rape being reported in every other
day.

It is in the implementation and hence our justice delivery


system gets affected by the loss of confidence of the same in
the minds of the citizens . Day in and day out alleged of the
offences getting acquitted of the prosecution charge. A few are
convicted after the ordeal of trial. When we say ordeal of trial,
it is not only the accused who faces the trauma the witnesses
and the victim who are already affected by the acts of the
accused as well undergoes the trauma , in the process of
rendering justice . In a criminal trial, the victim is not only the
injured or the one who has sustained the casualties but the
entire society . If the accused, is acquitted ultimately for want
of evidence, the message that goes to the society is not good in
as much as things would be seen so casually by the innate in
the society eclipsing the deterrent purpose of the punishments
imposed by the laws. Thus, it remains the responsibility of
each and every citizen to nurture the processes of justice
delivery system in his own capacity with different role being
attributed to them . Many a times what one would witness in
numerous trials are that the public do not want to be a witness
and be responsible to the system. In the event he is also being
irresponsible to himself as well as his own family. All men in the
society needs to raise to the level of The common man
created by later R.K. Laxman. Every man in his dreams are
heroes and when it come to reality they stay away from the
responsibility and thereafter remain shedding the crocodile
tears.One needs to understand that Justice delivery system is
not the business of a few good men. In the latest instance of
this acquittal, more brutal than the brutality of the crime
committed, the main reason for the acquittal was the
irresponsible inaction on the part of the mysterious middle man
in not responding on time to prevent a crime or restraining
others from pulling the chain. This middle aged gentleman is
living in each and every common mans minds. Unless the
Courts and the investigating agency could inspire confidence in
the society by eradicating this mysterious middle aged middle
class man from the minds of the society, the justice delivery
system will keep on failing brutally.

Less said the better of the prosecuting agencies, the


investigating agencies have always been the caged parrots in
the hands of the politicians who people have now started to
accept as corrupticians . The time is ripe to think differently.
Were are responsible to our selves and our children. We are
individually and collectively responsible when any of their
dreams shatter. It is high time that the investigating agency is
separated from the law and order system, under the control of
the executive. It has to be a separate wing under the control of
the prosecuting agency, wherein the witnesses are instilled of
confidence in speaking up in the Court uninfluenced by the
investigating agency or for that matter any other agency
sensationalizing or politicizing the issue. It needs to stand on
its own legs being a protector of the goddess of justice. Justice
is not blind it has tied its eyes to remain impartial , we cannot
permit it to limp anymore . It needs to take judicial notice of the
fact that many a times truth is hijacked by the innocence of the
witnesses or their being unaware of the court proceedings . The
court needs to be mindful of the apprehensions of the
witnesses as well as the influences generated up on them by
numerous agencies since in India Courts acts both as Jury and
Judge.
The mysterious middle aged middle class man still remains
unearthed by the investigating agency. The victim has lost the
battle in the Courts, but the issue that has arisen today needs
to address the insecurity of the middle aged middle class man
surviving in the minds of each and every one among us. There
cannot be wrong acquittals. There cannot be wrong convictions
as well. Many a times wrong convictions would not be discussed
at all by the society but wrong acquittals will certainly be
discussed creating stimulations for the transit. Lets eradicate
the Govidachamys Middle aged man in us and strive to be
R.K.s The Common Man.

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